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New condo association member surprised by Board operations

Posted on Tue, Nov 18, 2014 @ 07:00 AM
  
  
  
  
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Is there a government entity that governs condo associations? My condo association Board has been charging ongoing special assessments fees, three in the past two years. The first was for $4K and did not cover the work that had been promised (replacement of rotting wood, for example). Is there anyone who can help with this? I moved in to my condo unit years ago, am new to condo associations, and did not realize the immense level of control that exists.

The condo association was almost $100K in the black when I bought the unit. By the following year, they were almost $40K in the red. Other more involved condo association members have informed me of suspicion of stealing. I cannot believe the government lets this happen. They have just recently pushed two more assessments, claiming they are running out of money. I’ve seen the type of vendors they hire, and believe it’s really about the Board’s lack of business savviness. I don’t mean to slam anyone, but it’s the truth.

Some condo association members (not me at the moment) have a plan to get our current Board out of office, but the vote is not until the middle of next year. In the meantime, they have and may continue to siphon out so much unnecessary money from the condo association. We are a 20 condo unit association. I feel we shouldn’t have to wait until the next election to solve our issues, yet when this opinion is voiced we are basically told to ‘shut up’. It’s horrible. I’ll leave the community nameless, as they are good at doing wicked things to those who don’t value their skills and management.

Thanks ahead of time for any insight you can provide.

13 Comments Click here to read/write comments

Illinois condo association questions Board operations

Posted on Mon, Nov 03, 2014 @ 07:00 AM
  
  
  
  
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I live in an Illinois condo association, and several of us residents don’t believe our board of directors are following the correct operational procedures.

The following are some examples: Days’ notification before board meetings (2-5 days instead of the required 10 days); there is no Secretary (per ILCPA); minutes are scanty and disorganized (not Roberts Rules), not taken during Executive sessions, and are not readily available to condo association members (they are not typically posted, and they are not kept on file).

How should we proceed on reporting these issues? Thanks.

11 Comments Click here to read/write comments

Are condo association board of director emails considered public?

Posted on Thu, Oct 30, 2014 @ 07:00 AM
  
  
  
  
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Are emails between board members concerning condo association business subject to document requests?

9 Comments Click here to read/write comments

How can condo association board regulate the use of garages?

Posted on Mon, Oct 27, 2014 @ 02:25 PM
  
  
  
  
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I am a board member on an Arizona condo association. Our CC&R governs the use of garages, and states that the doors must be closed, except for three types of activity: necessary work and maintenance on vehicles, activities related to the garage area (painting, yard work, etc.), and engaging in hobbies requiring ventilation or egress and ingress.

In my view, this section was included to prevent the garage from becoming, say, a ‘clubhouse’ for parties and such things. There are also prohibitions in the section stating there must be room for one vehicle, that and that the garage cannot be used for living quarters or running a business (auto customization, etc.), though the tools and equipment necessary to run a business (landscaping, for example) may be housed there provided the other conditions are followed.

Our management company recently attempted to expand this definition to say that simply being in the garage, say, without falling into one of the prescriptions for use, is ingress, even if there is none. To my interpretation, this rule was created to prevent the neighborhoods from turning into ‘block parties.’

I am interested in a response that may help to clarify this. Thank you.

4 Comments Click here to read/write comments

Is HOA board election required if only current members are running?

Posted on Thu, Oct 09, 2014 @ 02:22 PM
  
  
  
  
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We are an HOA community of 23 townhomes in New Hampshire.  There are five members on the board of directors, and members serve two-year terms once elected.  There are three open seats this year, and yesterday was the cutoff date for owners to announce if they were going to run.  The only candidates running are those current board members whose terms are expiring.  Are we required to hold an election?  Thanks in advance.

8 Comments Click here to read/write comments

How to make our condo association board of directors elections valid?

Posted on Thu, Oct 02, 2014 @ 09:29 AM
  
  
  
  
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How can we make our condo association board of directors (BOD) election stand as a valid one? I live in a Connecticut condo association. The board members elect the positions for the BOD. We needed to have elections held within 10 days of the annual meeting. The meeting was on the 10th day. At the meeting the President hands out agendas. The first order of business was to get a board member to resign. This was a ploy to even out the vote. The board member refused to step down. The last item on the agenda was to elect a president and a treasurer. The majority of the board was for a new president. A motion was made and seconded and the voting began. The president and two other board members started to pack up to leave even after being told the election must take place because it is day 10. They wanted to hold off the elections because they knew the majority was for a new president. Now the president is not acknowledging the election.

My question is shouldn't the first order of business have been the election? Even though members walked out and the voting continued is that election valid? What can we do to get the other board members to respect the fact that the old president has been replaced? How can we make sure the coop's attorney will be fair in advising us on this issue? (The old president has been around for awhile as well as the attorney).

3 Comments Click here to read/write comments

How much should condo association documents cost to retrieve?

Posted on Tue, Sep 16, 2014 @ 04:34 AM
  
  
  
  

 

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I'm having problems with my condo association board of directors, and hired a lawyer. He requested that records be copied and sent to him. What is the appropriate fee to photo copy a page? Does my lawyer have to send his request for records via certified mail? Thank you in advance.

10 Comments Click here to read/write comments

Property manager charges condo seller for approval document

Posted on Thu, Sep 11, 2014 @ 07:28 AM
  
  
  
  
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I am a condo association board member and just found out from an angry co-owner that he had to pay $125 to the property management company in order to get a status letter to sell his unit. I agree with seller that this a rip off considering what little work is entailed to put together this letter. Can we as a board require the management company to produce this info at no cost to owners in good standing? Isn't this info ours to begin with?

18 Comments Click here to read/write comments

HOA neighbor's dog creates problems and board will not help

Posted on Mon, Sep 08, 2014 @ 04:44 AM
  
  
  
  
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My neighbor rents out her condo and her tenant kept a dog in his garage. The garage wall is shared with my living quarters. A fowl odor is coming into my home. He has since removed the dog, but my home still has the fowl odor and the garage has not been properly cleaned. The HOA is failing to follow declarations which state they have to send notices and fine the owner if they fail to clean up damages. The condo association property manager sent me a letter on behalf of the board telling me to file a claim with my insurance company. My insurance company adjuster said she needs to see visible damage.

Can I file an insurance claim against the Board for not following the declarations of our condo association in resolving resident issues? Do I have to hire an attorney or file in small claims against the owner or the board? How can I make the owner clean up her side including her drywall, shared wall and the damages to my property? Everyone keeps referring me back to my HOA and they are not doing anything to help.

14 Comments Click here to read/write comments

Should condo association meeting minutes be public record?

Posted on Mon, Aug 25, 2014 @ 05:33 AM
  
  
  
  
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I am the president of a condo association board of directors in New York City. In the past I've been asked to supply the most recent annual meeting minutes and the most recent board of directors meeting minutes to potential buyers. That makes sense to me and I'm happy to do it.

Today a lawyer for a potential buyer has asked for all the minutes I have going back over the years. I feel the most recent minutes give the most current information and anything more could just get confusing. All of the annual minutes are available to all. However, board meeting minutes are often full of private and sensitive information about owners that the board needs to deal with discretely for all owners' protection. If owners ask to see board meeting minutes I happily hand them over, but they understand that there may be some redactions of sensitive information.

What is common practice when it comes to handing over annual and board of directors meeting minutes to potential buyers and/or their lawyers?

6 Comments Click here to read/write comments

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