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Gas driller leases mineral rights under condo association property

Posted on Mon, Mar 10, 2014 @ 07:35 AM
  
  
  
  
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Living in Western Pennsylvania, Marcellus Shale Gas Drilling has become an issue with many property owners. I live in a 56 unit condo complex. Last evening, I received a memo from our management company stating that the mineral/gas rights of the property beneath our condos was leased for drilling. The condo executive board made the decision without a general membership meeting or any prior notification. The lease is already signed by one of our board members. Other than the lease amount and a promise of royalties, we have no other lease info. Is this action by the board legal? Am I now liable for any issues that come up with the driller? 

11 Comments Click here to read/write comments

HOA board chairman changes meeting minutes before released

Posted on Fri, Feb 14, 2014 @ 08:56 AM
  
  
  
  
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Our board chairman insists on reviewing, editing and changing minutes prepared by the secretary before they are distributed and/or published. The chair insists that this is simply following Roberts Rules yet our documents prohibit anyone from acting as chair and secretary at the same time. Is our chair violating any rules or regulations or any code by editing and "censoring" the minutes?

13 Comments Click here to read/write comments

Should big assessment for new windows be paid from reserves?

Posted on Mon, Jan 13, 2014 @ 08:04 AM
  
  
  
  
Our condo association (in Florida) is going to replace our windows, including sliding glass doors to the lanais, jalousies and all plate glass windows in all units. Some units have more windows than others. Our monthly dues are based on unit square footage, some paying more than others. The Board intends to use the reserve funds to completely pay for the first phase where some units have more windows than some of the other units. The question is when the monies are put into the reserve fund are they considered co-mingled, do they lose their pro-rata basis? Some owners with less windows are complaining that they should not be paying the same as other owners with more windows. But the owners with more windows are paying more in monthly dues/assessments. Is it true that once the monies are in reserves they are disbursed for repairs and maintenance without regard to who put in how much? The needed replacement of the windows is an enhancement of the complete investment - all seem to profit equally from improving the value of the complex. Thanks. Ideas? 

20 Comments Click here to read/write comments

How does condo association or HOA remove a board member?

Posted on Tue, Dec 24, 2013 @ 09:18 AM
  
  
  
  
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My question is regarding the terms of conducting a recall of a board/director.  I’m not sure how to interpret our bylaws. They state: At any regular or special meeting, any one or all of the directors may be removed with or without cause by a majority of the owners of condominium units and a successor may then and there be elected to file the vacancy created. We have an association of 100 units. Does “majority of the owners of condominium units” mean a majority of just those who are present at that particular meeting?  For example, if 10 owners were present, we must have at least 51% to be a majority. This would mean a majority would be 6 owners (60%). Or in our case with 100 units in the association; does a majority mean no less than 51% of all the association units (51 units would make a majority, 51%). Thanks for the help.

8 Comments Click here to read/write comments

Why wont HOA manager provide bank statements to owners?

Posted on Fri, Dec 20, 2013 @ 08:24 AM
  
  
  
  
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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? Sorry for being long winded

6 Comments Click here to read/write comments

Move in and move out policies for condo associations

Posted on Thu, Dec 19, 2013 @ 08:21 AM
  
  
  
  
 What are customary move in-move out policies & rules for condominiums? We have only two buildings with 10 units in each building and one elevator per building. Weekends? Hours? Holidays? Leaving security doors propped open while unattended? 

32 Comments Click here to read/write comments

How is a condo association special assessment calculated?

Posted on Tue, Oct 29, 2013 @ 09:32 AM
  
  
  
  
In Illinois, before a special assessment can be approved by the Board of Directors, is their a mathematical percentage of the gross operating budget which dictates the maximum amount which can be assessed per owner?

10 Comments Click here to read/write comments

Can condo owner remodel and force association to pay for it?

Posted on Fri, Aug 16, 2013 @ 08:36 AM
  
  
  
  
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I recently bought a unit in a condominium. My new neighbor has been remodeling his unit and opened the walls for this purpose. He discovered many issues with the interior and exterior walls and want to get them repaired and have the HOA pay for them. We are talking about a huge amount of money. Can he force the other units to pay for it? I know, I know, depends on what the CCRs say, but what's the case typically?  The amount of money is exorbitant, more than what a modest house would cost, and there are only 3 units in the building. If the other neighbor agrees to do the repairs immediately, would I be forced to pay an amount that I don't even have? None of these projects are urgent, if I have to cheap in, I would like to do it one by one, over time. Theres any law that would protect me against a decision from my neighbors to do a series of large repairs immediately?

34 Comments Click here to read/write comments

Church members are in financial trouble with condo association

Posted on Tue, Mar 26, 2013 @ 07:19 AM
  
  
  
  

We are a small church in trouble with our condo association. We fell behind on our fees through a series of uncontrollable events. We made efforts to air our situation, but they chose to ignore us and demand their money. The original amount of $30,000 was in dispute from the beginning. When we found out about the debt, we collected all the money he church had, $14,000 and gave it to them. They took the money and continued to threaten us with fencing up the church to keep us out. We have been harassed, cursed out, fraudulently misrepresented to the power company which caused us to lose power on one half of church for one month. We have dealt with condo president placing his junk cars with rats, rabid animals and snakes round church building. He restores junky cars. The stress to church members is unbearable. We have no money and do intend to pay our debt, but in the mean time, we have not had any service as it leaks in our 13,000 foot facility -no service to leaking roof and the list is endless. We owe $$30,000, but they will not negoiate! Although we openly dispute the bill. They have been nasty. Do we have any recourse? We do intend to pay, provided everything is done legally when we regain our financial strength. A lawyer was consulted, but has done little to help.

14 Comments Click here to read/write comments

Should association give board member of 1099 tax form?

Posted on Fri, Dec 07, 2012 @ 07:56 AM
  
  
  
  
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If a condo association pays a board member (treasurer) $1,000 a month for their services. Should a 1099 Tax form be sent to the Treasurer?

16 Comments Click here to read/write comments

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