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Is condo developer going to assess us for newly built amenities?

Posted on Tue, Feb 08, 2011 @ 04:32 PM
  
  
  
  

We own in a very large complex. It is not built out yet. The builder is one of the nation's largest. We have some very expensive pools, golf courses, walking trails etc. Yet we keep adding more and more some are in the multi-million dollar bracket. When we question things we are told that the developer gave them to our condo association. It seems impossible that the developer be that nice a corporation as to give away millions of dollars in amenities. My question is can the developer be keeping a running tab and if so can we be assesed to repay it when the complex is finished.

2 Comments Click here to read/write comments

Will condo buyer have all the power now that developer went bust?

Posted on Tue, Jan 18, 2011 @ 01:52 PM
  
  
  
  

Our Minnesota developer went bankrupt and the bank now owns 51% of the units. They have some but not all declarant rights so they can pass them on to a bulk sale buyer.  We have sued the developer for failing to fund the reserves for 2 years and for not completing and fixing the building. Will the bulk sale buyer become the declarant after purchasing the bank's units? Will he have all the special declarant rights? Will he be responsible for fixing the building and funding the reserves?

2 Comments Click here to read/write comments

Construction defect litigation case against the HOA developer?

Posted on Fri, Dec 31, 2010 @ 08:48 AM
  
  
  
  
I purchased a condo next to the room which houses my building's water pump. The noise level from the pump varies, but it's particularly bad at night. I raised the issue with my HOA board of directors. They said that because the problem has existed since the construction of the building they were not responsible for installing soundproofing in the pump room. They suggested insulating the wall on my side at my expense which would make my unit smaller. I discussed this with a friend who practices real estate law in Florida where I live; he insisted the HOA is responsible when building infrastructure causes a nuisance for one or more units even if it is from original construction. I don't want to initiate legal action unless I'm reasonably sure that this really is the association's responsibility. There is nothing in the condo docs specifically related to this - Any advice?

6 Comments Click here to read/write comments

Condo board must assess association because of builder's mistakes

Posted on Sat, Dec 18, 2010 @ 07:10 AM
  
  
  
  
How much detail should a condo board reveal to the community when two special assessments have to be paid because of a builder's (bankrupt) shoddy workmanship. Should they be told in detail what work has been done and what must be done in the near future and the charges for the work. They have received some information at open meetings and by a lawyer at one meetings

3 Comments Click here to read/write comments

Developers still using condo association common areas. Must we pay?

Posted on Thu, Dec 02, 2010 @ 03:08 PM
  
  
  
  

We recently purchased a new construction condo. Because they are trying to fill the units, the sales team has taken over our recreation room as their own, and none of us home owners have access to it while there are still available units for sale.

We're 75% full. They have started collecting home owners dues in full - 100% -- starting the first of the year. Because this is to cover costs to manage all common areas, I would like to make an argument that if we are paying for maintenance on the common room through HODs, we should have access to it - or they should discount our dues accordingly.

Is this a legitimate (or legal) argument? Do we have any wiggle room here? We don't yet have a HOA, since we are still so young, so it's up to us as home owners to make a stink when these things happen. Wanted to do a bit of research here first to see if it's something worth arguing for. Thanks!

3 Comments Click here to read/write comments

Newly merged condo association tries to retro-assess its owners

Posted on Tue, Nov 30, 2010 @ 06:56 AM
  
  
  
  
My husband and I and four other groups make up 33% of a professional condominium association. The remaining 67% is owned by the developer. There was a merge 20 months ago and now the "new" majority has decided to go back 6-10 years and collect for common areas assessments that for 33 years were never passed on to us. Can they are anyone else for that matter threaten to take you to court for charges that you were never billed for (and still haven't been billed for them) and after 20 months of threaten to put liens on our practices. Can they do this! We have retained legal counsel for this matter, however, they are sitting on their hands. I think they are intimidated by who the 67% represents. Can you give me some idea if they can go back 6-10 years and bill us for something that we never knew we owed. Please help...this has become a nightmare...they are holding this over our head and continue to threaten us with liens and forcing us to sell them back our units to mitigate what "they" think we owe.

3 Comments Click here to read/write comments

Should HOA go after developer for construction defects?

Posted on Wed, Oct 20, 2010 @ 08:09 AM
  
  
  
  
We just had our turnover after many unsuccessful attempts to get quorum. Although most everything is ok with the HOA units themselves, the builder cut corners on asphalt and concrete. Our asphalt drives are sinking and developing huge cracks and potholes, beginning at only 2-3 years old. In addition, concrete sidwalks and porches are severely pitted and/or laminating where large flat pieces are crumbling off the tops. Several have more missing concrete than remaining. One townhouse has had its entire front porch break away from the building and slowly sliding away, others have their sidewalks sinking. This subdivision is only 3-6 years old, but this has been ongoing for years. The matter was addressed with the builder previously and they made some insufficient patches. We had a civil engineer look at our dilemma and as for the common drives, he estimated that the asphalt is less than 2" (closer to 1") thick, and poured on ground that was not properly prepared. Illinois has a 10 year structural defect law. Does this apply to asphalt and concrete? Do we have any legal recourse to go after the builder on these issues?

13 Comments Click here to read/write comments

Developer left association inoperable and no one is paying condo fees

Posted on Sat, Oct 09, 2010 @ 07:47 AM
  
  
  
  

We own a condo in a 4 unit building the "builder" went belly up and left 2 units empty. The bank sold one at sheriff sale it is still empty and the other he had rented before and after the foreclosure. It is still occupied and the bank is collecting rent. The problem is that the condo association is null no one is paying any condo fees and we do not have condo association insurance on the common areas. We ourselves have flood insurance and homeowners insurance. The bank did just pay for the electric bill that was from when the builder owned 2 units. Does anyone have any suggestions we live in South Jersey.

4 Comments Click here to read/write comments

Is condo association still responsible if defective new units sold "as is"?

Posted on Wed, Oct 06, 2010 @ 06:51 AM
  
  
  
  
condo repairsOur development was foreclosed on by who provided the financing for the developer before it was completed. The development is for 30 units in 15 buildings. The developer did turn over the condo association to the one lone owner. The bank sold 5 other built units "as is" to five new owners. One of the buildings had a surface water drainage/grading issue noticed by the new owners after the sale and were afraid they were going to get water in their basements. The real estate agent told the buyers that the Condo Association has to fix the issue. Our Condo Documents state that the Association is responsible for the "maintenance and repair" of all the common areas. My question is since the units were sold "as is" who is responsible for the grading to fix this issue? It would have been the developer but he is long gone.

8 Comments Click here to read/write comments

Developer built homes without city approval. HOA or owner problem?

Posted on Tue, Oct 05, 2010 @ 02:39 PM
  
  
  
  
We have just discovered that the "developer" of our homeowners association did not get city approval and that the land is zoned for 2.75 homes - we have 4! Therefore, all of the homes are "non-conforming" which can result in some very serious problems. What can the association do, or is this an individual homeowner's issue?

2 Comments Click here to read/write comments

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