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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.
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If you had a sample budget showing figures of 10% showing toward reserve it would be greatly appreciated. We are trying to apply to FHA for re-certification and have run into a snag. Thought we had done things properly but have been questioned by the bank who is ushering it through for us. We are 52 units showing dues of $144,840. Disbursements of $137,128. Reserve of $13,713 resulting in total cash of $150,841. We had a carryover approx. 6,000 which our covenants tell us to credit back which then made our Dues/Revenue the $144,848. The bank has divided the dues into the reserve reflecting then only 9.1% reserve. And it has to be 10%. Can anyone help us with suggestions?
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Is it common practice to charge HOA fees according to the size of your unit or should all units pay the same? We all use the same common property.
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Are the condo board's obligated to present an annual budget to the HOA members at the annual meeting? Does it have to be approved by the members? I can't ever recall one being presented to us, due to the fact that our President always says "the day to day decisions for operating the HOA, is up to the boards". And our by-laws are really vague on a lot of things. It doesn't spell out the term length for our officers, where as the other associations within our development does.
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I fell on hard times about two years ago and paid my condo fees and an assessment only when I was able for about a year or so. I've been living in the condo for the past 18 years and have always paid my bills until misfortune struck in 2008. The Board gave me a break until I was able to pay regularly. In December 2010, I was asked to make a proposal and I submitted such proposal, some $2500 per month to take care of the arrears (about $16,000) and the current fees and assessments. The management company, with the knowledge and approval of the Board which had changed a bit, took my checks for some three months and cashed it, when I received a letter from the condo board in March that my fees for 2011 would be accelerated because I was delinquent. At the March meeting, I asked how could this be? They asked for a proposal, I gave them one and, so far, $7500 to stay abreast of my debt and other charges. The Chair and two other Board members asked if I could maintain these payments. I told them it was difficult but I could do it. The chair then said these payments would work if you keep your part of the deal. The Board, having accepted my original proposal by conduct, now orally ratified it. While this was being done, there were statements from the Treasurer that attempted to deny my proposal and payments. The Treasurer stated that I never responded to the Board's request for a proposal, that I had not paid any money to discharge my fees or delinquencies, all blatant misrepresentations. The Treasurer had also placed a lien on my condo and filed suit against me. He attempted to have me sign a confession of judgment that would have allowed him to seize my apartment if I were one day late with my payment. The Treasurer then stated he had already filed a lawsuit against me and my family. The Board nonetheless continued to receive and cash my checks for the next three months, then I received notice that future checks should be delivered to the Board's lawyer as we await the trial. So far I have paid the Board over $30,000, to stay abreast of fees and pay off my debt. According to my proposal, I still owe the Board about $4000 from the debt. We'll be in court soon, because I plan to counterclaim for breach of contract, defamation (because the Treasurer besmirched my name at public meetings and publications, which has never been done before to any owner here), and damages. Am I unreasonable? What would you suggest?
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My question is, are HOA monthly dues be collected absent an adopted budget. My association has one meeting per year with only one item on the agenda, a yearly financial report. No discussion is held or allowed (police are hired to remove people if they wish to speak). Monthly statements are sent out with the amount due. Neighbors have had to hire attorneys to get the roof fixed because the president refuses to take care of this issue. I have hired an attorney to send a letter requesting budgets, minutes, and discussion be allowed. There was no response from the association attorney or change in the Board’s behavior. Twenty-two (22) % of the units are in arrears for assessment. Since the Board neither presents nor adopts a yearly budget (required by state laws and condo bylaws) nor files a lien I was wondering if housing court would ever recognize the lien. Any thoughts?
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I was late making the condo assessment monthly fee in April of $315.00 In May I was charged a late fee of $50 for non-payment in April. I have since paid on time for May through the present. But, I still have not made the payment for April. Each month I am being charged a late fee of $50. That is $250 in fees being charged for late fees! Is this legal? I could understand interest charges, but this seems over the top to me. Pls let me know your thoughts.
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