Condo Association Management Blog

Condo association board disappears and condo lose value

Our Florida Condo Association Board is no longer active. All members have walked away and stopped paying monthly dues. There is no management company. I was acting as president and my name is the only one on our bank account. How or to who can I turn over this account? I have lost all equity in my own unit due to foreclosures and lost interest by the board members. Please help.

One couple dominates the condo board and controls association

Our small 8 unit condo by-laws state that the association president cannot also be secretary. We have 1 couple who own 3 of the 8 units in addition to a proxy vote allotted by an out of state owner. Our annual meeting in 2010 resulted in this 1 couple voting themselves into president, secretary, and treasurer. We tried to contact the Division to intervene and were told that this married couple residing in the same residence were not considered the same person so they could hold all positions. Our request was basically thrown out. What can we do? They now completely control our Association at their own discretion and we are not notified of any decisions being made; we hold 1 of the 7 director positions. We need help.

Absentee owners renters causing HOA board problems

What would you do? I serve on the board of directors for my condo association. I, and other board members are being harassed by a boyfriend of a tenant of one of the homeowners, who now lives on the East Coast. That homeowner refuses to hire a local management company, but also refuses to remedy the situation. If the tenant says that he is not living there, she believes her. If we say that he is there, is causing damage to the building, is harassing board members, is picking fights with other homeowners, creating situations that cause the association to have to spend more money to remedy, she does nothing. We document every event, but often it's difficult to prove that it's him causing the problem. He's not a tenant, but we have no power to do anything about him. Is bringing a lawsuit against the homeowner our solution?

Absentee owners renters causing HOA board problems

What would you do? I serve on the board of directors for my condo association. I, and other board members are being harassed by a boyfriend of a tenant of one of the homeowners, who now lives on the East Coast. That homeowner refuses to hire a local management company, but also refuses to remedy the situation. If the tenant says that he is not living there, she believes her. If we say that he is there, is causing damage to the building, is harassing board members, is picking fights with other homeowners, creating situations that cause the association to have to spend more money to remedy, she does nothing. We document every event, but often it's difficult to prove that it's him causing the problem. He's not a tenant, but we have no power to do anything about him. Is bringing a lawsuit against the homeowner our solution?

What else can condo association do to collect from delinquent owners?

We have a four unit condo association in Chicago. We have one unit where we haven't received any association fees for 3+ years. About 2 years ago this unit entered foreclosure (and was basically abandoned). We've hired a lawyer to help us recoup our fees and protect our interests, but nothing is moving other than finding out just about every party has a lien on this owner's unit (IRS, County). Other than sitting and waiting, what else can we do?

Getting our condo association recertified with FHA and HUD

We are trying to get recertified by HUD/FHA within our existing condo group. One of the requirements is providing a plot/site plan. Since we have been in existence since 1987, and were already approved (it lapsed last July without the knowledge of the Board of Trustees) Can we submit just the copy of the recorded Book/Page which we can get on line at the Registry, or do we have to submit the actual site plan of our condo?

How does condo buyer determine monthly fees from assessments?

I was recently told if a condo seller in Ohio adds a monthly HOA fee amount and a monthly "non-recorded" assessment amount and merely shows a "total" on a disclosure form, and a buyer or realtor or title company does not verify them as being two separate charges (one an HOA fee and the other an assessment), even though a seller doesn't "disclose" that assessment anywhere on the disclosure form and buyer isn't given the opportunity to negotiate the assessment because if wasn't disclosed, a buyer is legally required to pay the assessment no matter how long the payment/terms runs??? Can this be true??

Sample pets rules and regulations for condo associations and HOAs

Someone asked earlier for examples of condo rules regarding pets. Would any of you be willing to type in/share your rule/regulation regarding pets? I am looking for samples as we are considering proposing a change to our rules during our February 22nd Home Owners Meeting.

Can HOA add late fees to court order to pay disputed monthly dues?

The association took me to court for condo fees from about three years ago that they say I owe. The court decision was for me to pay the association $1,475.00. I appealed the court decision and said I want it to go in front of a jury. The guy that is treasurer has a site on the internet where he keeps track of my condo fees. He has been sending me links to this site since he started it. I went into the site after we went to court the first time and he has made an invoice number for the court decision that I appealed and he is adding 3% late fees every month to the court decision. Then I checked the individual invoices for this court case and he is also adding 3% late fees to each of these invoices which would total 6% interest per invoice per month. He also recently sent me an email telling me if I don't pay the court judgment he will sue me for personal damages. I also have multiple copies of each invoice he claims I owe that were copied on di fferent dates and at one point each of these invoices was paid in full.  I even have emails he sent me with the invoice numbers stating that they are paid in full. Does anyone know if this is legal? Can he legally add late fees to a court decision that I appealed? Can he really sue me for personal damages because I appealed the court decision?

New clause to Florida Statute 702 for HOAs. What does it mean?

The following clause has been added to Florida Statute 720 HOA. Can you help with interpretation? Can any member make a motion to cancel a contract at any time in the life of the contract or only at the next regular meeting. The clause has two sentences. The word 'ratified' in the second sentence seems to imply that any motion must be put close to the inception of the contract but the wording does not state this, as does the first sentence.

'Any contract entered into by the board may be canceled by a majority of the voting interests present at the next regular or special meeting of the association, whichever occurs first. Any member may make a motion to cancel such contract, but if no motion is made or if such motion fails to obtain the required vote, the contract shall be deemed ratified for the term expressed therein'