Posted on Wed, Jun 19, 2013 @ 07:56 AM
Can an owner of a unit file bankruptcy and not pay the association dues? The unit isn't in foreclosure but sure it will go their soon.
Posted on Tue, Jun 18, 2013 @ 07:35 AM
At a closed board meeting just recently, the three attending members decided to go against the recommendation of legal council paid advice. Myself, I could not make this meeting due to work related business. Legal council recommendation was to have letter sent to owner to cease behavior towards other owners and BOD members living on property. Letter to be sent was due to ranting and raving, screaming and yelling from window and staking BOD on property for business. Though law officers have not been call to property as of yet, this person seems to be close to stepping over edge of committing a violence act against someone. Police said till that's happens they can not take steps of any action. There is no protection from police any more. Just reaction to issues if it fits there criteria of code. BOD members said they do not want to stir pot against this person by sending letter from legal to cease this behavior, but BOD use to have meeting at property but have moved meeting to location with armed guard present. This was done because of this person. They will pay to protect themselves but will go against stated advice from legal which is being paid for by all paying members. Any comments on this. Also property manager is afraid to come to property.
Posted on Mon, Jun 17, 2013 @ 06:33 AM
I live in a condo located in Florida and I have a question about term limits for our board members. An owner was informed by a private attorney, that we can petition two years limits for board members, and have them retroactive if voted on by all 430 owners and won by majority. We had 51 owners sign this petition as stated above and summited the paperwork to the condo manager for a vote. It was reviewed by the condo attorney and was shot down because you can not retroactive board members who are already voted on the board. Is there a law/state statute somewhere that I can refer to in regards to this issue? The condo attorney did not give us any references to support her decision. Our present board has become a dictatorship
Posted on Fri, Jun 14, 2013 @ 07:37 AM
I live in a townhouse community in North Carolina. Original developer went bankrupt. They formed a new company and started building again. The developer's sister company is the HOA Management Company. We have 12 units left to sell before we transition to an owner board. We have asked the HOA Manager for bank statements since the financials she provides don't make sense. She keeps dodging. We know she is cooking the books. Is there a NC statute that requires the HOA Manager to provide bank statements upon request of a home owner?
Posted on Thu, Jun 13, 2013 @ 08:37 AM
Can a condo association charge a Rental Service Fee if you rent out your condo? My association feels that people who rent should pay more 7% more if they rent their unit?
Posted on Wed, Jun 12, 2013 @ 07:06 AM
Posted on Tue, Jun 11, 2013 @ 07:23 AM
Some unit owners have complained about large ants (not necessarily termites). We have eight buildings (4 units each) built on slabs with no basements. Other units have yellow jackets, wasps types in their out door vents. As treasurer I'm looking for language to set a policy rather than try to handle these on an individual basis.
Posted on Mon, Jun 10, 2013 @ 07:01 AM
Small, 25 year old, self managed, 16 unit condo in Maine. Had self-made Repair and Replacement reserve plan identifying many future common area repair and replacement needs, estimated costs, timing, etc., which when recorded on spreadsheet and considering latest reserve fund balance, estimates of possible interest and increase in costs, resulted in the current annual contribution of $8,500.
Current balance around $26K. We cannot afford a professional reserve study. New Board of directors is in the process of scrapping that funding methodology and saying it would be sufficient to have a balance in Repair and Replacement Reserves of $3,000 per unit. They do not say how they arrived at that figure, nor how the annual contribution might be impacted, nor how the fund would be replenished as repairs and replacements take place. I have asked all of these questions in writing and received no reply.
This change seems to me to be a very ill advised, based on some sort of subjective determination grabbed out of the air. Does anyone use something similar to the $$$$ per unit idea who might be able to explain the concept? I need some ammunition because I smell a host of special assessments in the future if this idea is passed by the board. I suspect the new board, already cutting maintenance budget items, will be grabbing current reserve funds in an attempt to decrease monthly fees or avoid increases, both of which will ultimately destroy the value of the units. I seem to be the only one who cares about this, half the units are second homes, most others owned by the elderly.
Posted on Fri, Jun 07, 2013 @ 07:41 AM
Our HOA sent a violations letter for loud and raucous behavior occurring during the mid-night hours. Three homeowners signed a statement that they witnessed the behavior. The served homeowner requested an appeal hearing which the HOA will arrange and honor. Is it mandatory for the witnesses to appear at the appeals meeting? This presents a setup for potential retaliation by the homeowner that was served and/or any personal supporters. We want to keep the names of the three witnesses confidential, as well as not requiring their presence at the appeal meeting. As a board member, I believe in protecting the homeowners from the wrath of the served homeowner. This is an appeal, not a judge and jury situation. Your comments and similar experiences welcomed.
Posted on Thu, Jun 06, 2013 @ 08:35 AM
I live in Minnesota in a 32-unit association. The bylaws say no pets allowed, but the board has looked the other way, and three owners have pets. We have had three other condos sold recently, and each realtor listed these as no pets allowed. A fourth is up for sale now, and it says no pets allowed. Mine is going up for sale soon. I have suggested to the Board of Directors that they impose fining these pet owners so at least the Association could show they attempted to do something about this misrepresentation to new owners. Does anyone have a suggestion as to how this fine policy should be written up and how much it should be? We have to give at least a 30-day notice to each owner before any procedures for fines are implemented.