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Condo unit tenants to be served breach of contract. Is info public?

Posted on Wed, Oct 22, 2014 @ 07:00 AM
  
  
  
  
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I live in an Illinois condo association that also has rental units. A new rental tenant with four kids – a twelve-, eight-, four-, and two-year-old – recently moved in. This tenant is month-to-month renter (a bank owns the property, but is not making assessment payments, so they let the HOA rent out the unit on a month-to-month basis.)The parents don't seem to be able to keep the kids from running, jumping, and stomping in their rental unit, which goes on just about all day long.

I initially spoke with the parents and they said they would take care of the problem, but they have not and the situation has worsened. I then spoke with the HOA president and also the condo association manager about the matter. It was decided that a meeting should be held with the renter to go over the condo rules and regulations to ensure they were aware of the noise provisions rule.  In an effort to prevent continued violation of the condo noise provisions rule, a first floor unit was even offered, but the tenant refused stating that they didn’t want to move and that they wanted to stay in their current unit. 

I informed the HOA president and condo association manager that the tenants are continuing to cause a disturbance and affect our quality of life.  I was asked by the mother at one point – what do we expect from kids? – and was then told I had to get used to it.  They can’t have it both ways at our expense, and am under the assumption that this puts them in direct violation of the condo rules and regulations, especially since they had refused the offer to relocate to a first floor unit.

The HOA president and condo association manager said the matter was referred to our condo association lawyer, who was to send a notice for "breach of contract" to the rental tenant by a special server. I contacted the office a few days later to get an update and they stated the server came but the tenants were not at home. What is the procedure for a special server to serve notices to a particular person? Do they have to serve the person face-to-face? Do they use certified or registered mail to serve? How often and how long does it take to serve a particular person? Can I request copies of any correspondence on this matter? I'm thinking of moving, but thought I'd get some more knowledgeable views on this. Does anyone have experience with or insight into a matter like this?  Any thoughts and/or opinions would be greatly appreciated.

24 Comments Click here to read/write comments

HOA wants tile floor removed. What are my options?

Posted on Tue, Sep 30, 2014 @ 10:56 AM
  
  
  
  
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I recently purchased a 3 bed/ 2 bath condo in a suburb outside of Los Angeles. I've been living there for about two months and just received a letter from the HOA stating that I was in violation of having "hard floor covering". When I purchased the condo it already had tile throughout (but not in the bedrooms). And being my first purchase, I had no idea this wasn't allowed. I spoke to the previous owners and they said the tile was there before they moved in as well. So the tile has been there for over 8 years.

I put every penny into buying this place and can't afford to replace the flooring. Further more, I would have never purchased the place knowing the tile had to be removed. What are my options here?? Does any type of grandfathering apply?

18 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

Dues collector too aggressive for condo association owners

Posted on Tue, Sep 02, 2014 @ 06:51 AM
  
  
  
  
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We have a special assistant to the treasure going and "collecting" dues the day after from other Condo Association Members. She is demanding payment and intimidates older owners into paying, and the board won't tell her to stop. Is this discrimination?

9 Comments Click here to read/write comments

Do HOA clubhouse doors need to be shut at all times?

Posted on Fri, Aug 29, 2014 @ 06:52 AM
  
  
  
  
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I live in an HOA in Clermont, Florida and we have a clubhouse and a pool area, tennis area and such. The clubhouse has been up for at least four years. The local fire department recently came in and did an inspection. They now say that all doors within the clubhouse have to be shut at all times. Almost all of the doors in the clubhouse have glass windows in them. Is this correct? Do these doors within the clubhouse have to be shut at all times?

11 Comments Click here to read/write comments

Can condo association tow car for having no parking permit?

Posted on Thu, Aug 28, 2014 @ 04:53 AM
  
  
  
  
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Can a condo association in California tow your car for not having a parking permit? The condo association's rules and regulations do not mention that a parking permit is required. It also states that open spaces are for guest only. A sign at the entrance of my street states public parking is prohibited. If I am a tenant, would I be considered "Public"? The towing company that towed me is also not listed under towing information. Please advise.

10 Comments Click here to read/write comments

Condo unit seller discloses pending association lawsuit to buyer

Posted on Tue, Aug 26, 2014 @ 04:53 AM
  
  
  
  
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I recently purchased a condo in Florida and the seller disclosed a pending lawsuit. I requested all information/documentation concerning the lawsuit and was told by his real estate agent the lawsuit was finalized and there was a $300 assessment that he would pay. After I closed I learned at the first HOA meeting the judgment was for $600,000 and each owner may be assessed $6,000, but the BOD decided to file bankruptcy and appeal the decision. Also, I was not made aware of a MOA or MOA dues but found out at the meeting MOA dues were suspended/stopped during the lawsuit but BOD are discussing reinstating them at $200 per month. Should I seek legal action against seller, seller's real estate agent, or my real estate agent?

11 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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