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HOA board members reimburse themselves without owner consent

Posted on Wed, Feb 12, 2014 @ 07:58 AM
  
  
  
  
I’m on the board of a 200 unit Condo Community which has unit over unit homes. Our Treasurer’s unit which has a unit over it, suffered water damage in November and she Had to move out of her unit for three months. I was told that the water damage was caused by the upstairs neighbor moving out and leaving water running in the laundry room when the movers Disconnected the Clothes washer. At our last board meeting, I noticed a check written to the Treasurer for $7800. I asked the Manager and the Treasurer what it was for and they said they got push back from the upstairs neighbor when they tried to get her to take responsibility, so they said the HOA had to reimburse the Treasurer for some things not covered by her insurance policy. We have experienced a few of these unit to unit damage bailouts in the past, however the Board of Directors Has always had an opportunity to vote on whether they wanted to get involved if it involved common area damage. Another issue I have is that the $7800 was expensed to “materials”…..this also seems improper that the BOD was not given the opportunity decide whether to demand that payment from the upstairs neighbor. I would like other’s views on whether these actions seemed improper

13 Comments Click here to read/write comments

Condo association denies owner right to see bank statements

Posted on Fri, Sep 06, 2013 @ 08:48 AM
  
  
  
  
I live in a 420 unit town home community in Illinois, the lawyer for our condo association says we are not governed by the condo act and therefore my request to see bank statements was denied. Our by laws says we are a not for profit association. I am very concerned about our financial situation and from my research I believe the condo act supersedes . Am I correct?

14 Comments Click here to read/write comments

Insurance company does not want to fully pay condo association

Posted on Mon, Aug 26, 2013 @ 07:26 AM
  
  
  
  
We had a fire on the roofdeck of our condo building. Three was about $200k in damage. The insurance company only want to pay about $80k. What do we do?

8 Comments Click here to read/write comments

How to take action against your condo association or HOA

Posted on Mon, Aug 19, 2013 @ 08:00 AM
  
  
  
  
I read lot of these blogs and it seems many of you have not taken action.  Recently I have approached our HOA in West Broward FL. The experience I have had is that the Association President  is doing his best to avoid the HOA to repair and provide a drainage solution number one.  The HOA only wants their money every month they are not interested in taking responsibility for HOA liability issues when it comes to the home owner.  So, I pressed them with emails which were worded via my legal counsel and after a few rounds of emails I felt it was necessary to get tougher and stand my ground and retain an attorney to write a demand letter.  We looked at the By Laws and Florida Statute and sure enough the HOA is liable for the common area.  Even better I called a land surveyor out to look at the issue to put my argument into professional hands.  Dont let guys like our condo president bully you around and talk badly in dark rooms and send you threatening emails. No sir, stand up and Fight Go To War take action with action you hold your destiny in your legal counsels hands 

23 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

Does anyone have a sample condo association budget?

Posted on Thu, Feb 28, 2013 @ 07:51 AM
  
  
  
  
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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?

7 Comments Click here to read/write comments

Are condo association costs drawn from capital reserve fund?

Posted on Fri, Feb 15, 2013 @ 07:01 AM
  
  
  
  
I live in an over 55 Condominium Association that has 120 units in 3 buildings. There is a reserve fund study that is about 7 years old. This past year (2012) the Board spent approximately $19,000 out of the Capital Reserve Fund account. The monies were spent on Landscaping, Irrigation, Lighting and security system maintenance. Are these expenses allowed to be charged to the Capital Reserve Fund account?

10 Comments Click here to read/write comments

Should condo unit owners pay fees according to square footage?

Posted on Tue, Nov 06, 2012 @ 07:15 AM
  
  
  
  

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.

30 Comments Click here to read/write comments

Does condo board need to present the annual budget at the meeting?

Posted on Wed, Oct 03, 2012 @ 07:38 AM
  
  
  
  

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. 

15 Comments Click here to read/write comments

Condo owner tries to work hardship deal with board to address debt

Posted on Mon, Dec 12, 2011 @ 07:40 AM
  
  
  
  
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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?

23 Comments Click here to read/write comments

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