HOA Loan and Insurance Quotes

I understand that there is a 1% origination fee, payable at loan closing. Submitting this form puts me under no obligation. *

Subscribe to Blog

Your email:

Follow Us

Looking for answers?

condo association blogCan't find the answer you're looking for?  Ask your question here and we'll post it in our blog.

Browse by Topic

Condo Association Management Blog

Current Articles | RSS Feed RSS Feed

Condo Association member has questions about divvying up water bill

Posted on Fri, Dec 19, 2014 @ 07:00 AM
Condo Association member wants to know how water bill should be split 121914 resized 600

I’m a condo owner in a New York Condo Association. Our condo is a three story building with 7 apartment blocks, 3 apartments in each block.

For many years, we’ve paid or water/sewage from our maintenance fees as a common charge. Recently, it has been discovered that the city DEP actually has water meters installed in each block – one meter per 3 apartments. Some condo owners have requested a change such that the owners in each 3 unit block be charged according to their meter, and the cost would then be distributed according to shares in the condo association. It is not technically feasible to install sub-meters in each condo unit.

Can such a change be made without a vote from the entire condo association? Should we get a meeting of all condo owners and change our Bylaws, or can this be done by a Board decision? Last, does this present any legal issues?

14 Comments Click here to read/write comments

HOA Board member billing inappropriate expenses to the HOA

Posted on Thu, Dec 18, 2014 @ 07:00 AM
Condo Board member owes monies to HOA 121814 resized 600

For the second time this year, a member of our HOA Board has submitted expenses for items that were contrary to responsibilities for the HOA. For the first expenditure, the Board admonished the member and included an explanation of why. For the second expenditure, the member will be asked, with the approval of the other Board members, to return the monies to the HOA.

Based on my four-year history on the Board with this member, they will undoubtedly refuse to return the monies. A motion will then be entertained to excuse the person from office, without cause (our Bylaws permit this), for the remainder of their term, which is at the end of this month.

I have reviewed Robert’s Rules and have not found an answer to this question. How can we prevent this person from nominating themselves at the election next month and not allow them on the ballot for at least one year?

10 Comments Click here to read/write comments

Condo owner wants to prevent garage bays from being rented to public

Posted on Fri, Dec 12, 2014 @ 07:00 AM
HOA wants to change bylaws for motor bikes, boats, and trailers 111814 resized 600

I live in a 32 unit Minnesota Condo Association. We have eight extra garage bays to rent out. The Board has recently decided to rent them out to non-residents, which is against the Bylaws. This also presents a security issue, as the dividing walls between bays are open on the top. We are not licensed by the city as a public storage facility, nor will the city get involved.

I would rather see the garage bays empty until an owner or resident takes it. How can we as condo owners prevent the Board from renting these bays to the public?

6 Comments Click here to read/write comments

Condo association President has questions on meeting procedures

Posted on Thu, Dec 11, 2014 @ 07:00 AM
New Condo Association President has questions about how to run condo association meetings 121114 resized 600

I am a first-time President in a Vermont Condo Association. Can anyone advise on the correct procedures for conducting meetings?

Any assistance would be much appreciated!

9 Comments Click here to read/write comments

Condo owner curious about where association records should be stored

Posted on Wed, Dec 10, 2014 @ 07:00 AM
condo association member questions where records should be stored 121014 resized 600

I am a member of an Illinois Condo Association with 227 condo units.  Pursuant to the ICPA, all records need to be kept in at the main condo association property management office.

If the condo association hires a property management company, would the main office be considered the office on the grounds of the condo association, or the main office of the property management company?

3 Comments Click here to read/write comments

New Jersey condo owner faces legal battle over maintenance fees

Posted on Mon, Dec 08, 2014 @ 07:00 AM
condo owner seeks legal advice over condo fee lawsuit 120214 resized 600

I own a condo unit in a New Jersey Condo Association. In January 2013, the HOA began claiming that they were due monthly maintenance fees that I had already paid. I was quite busy at the time with relocating out-of-state and getting my condo on the market, and was not getting anywhere with phone calls to the HOA.

It seemed that every time a payment was made, the HOA was applying it incorrectly. Payments were being made through a bill payment service through my bank, so I requested that my bank contact them to resolve the issue. A representative contacted the HOA in March 2013 and all were in agreement that the payments had been made, yet the documentation errors were never fixed.

After I had put my condo on the market, I stopped making payments and figured it would get resolved at closing. The HOA turned this matter over to their attorney, so I paid the HOA fees and thought the matter was resolved. My next statement, however, still indicated that they had not received payments.

I responded to their attorney, yet was sent letters indicating that he had not heard from me, even though sent by certified letter. He filed a claim against me and I received a notice to appear in court in June 2014. I appeared in court ready to resolve the matter, only to find out that the case was dismissed because the judge granted a Motion to Strike my Answer three weeks prior for failure to answer interrogatories without prejudice. A default judgment was entered for maintenance fees, which included accelerated fees for the entire year, even though the year was only half over at that point. In addition, a lien was placed on my condo unit, and legal fees totaled $4,146.66.

I filed a motion to vacate the default judgment and provided information to show discrepancies with HOA records going back to 2013, along with a bank statement, cancelled check, letter from the bank documenting conversation with HOA, and the certified letter receipt to the attorney. The attorney acknowledged the discrepancies and responded that they were researching payment.

On September 3, 2014, which I was in New Hampshire taking an exam (cell phones not allowed in testing area), the attorney left a voicemail stating the Court had asked him to notify me that there would be oral argument on September 5 at 10:45am. On September 4, I received another voicemail while at work from the Judge’s Law Clerk saying she wanted to make sure I was contacted about court the next day. It wasn’t until September 5 that I listened to my messages, after which I immediately called her back. After revealing she was new, I was told this was normal procedure. and that a judgment would be entered. She then gave me the number of another Court office for additional assistance, which I called and left message, but never received a response.

I sent a certified letter on September 9, and received a notice at the end of September that my Motion to Vacate the Default was denied, followed by a check for fees I had paid. On October 1, the attorney acknowledged that the HOA accounting was flawed, but proceeded to file a Motion to Suppress Defendant’s Answer with Prejudice. My response was to file an Objection and send a check for $1443. On October 27, the attorney returned my check. On November 3, the Judge granted the attorney’s motion.

At this point, I have no idea if the Judgment is even the same one entered in June. I’d never received anything on research results, and since then they’ve received payments from June –November 2014, which is part of the accelerated payments. I’ve researched going forward with an appeal, but realize I’m at a disadvantage. Does anyone have any legal advice?

4 Comments Click here to read/write comments

Florida BOD prevents condo owner from adding washer/dryer to unit

Posted on Thu, Dec 04, 2014 @ 07:00 AM
Florida condo owner gets pushback from BOD on adding laundry to unit 120414 resized 600

I am a member of a Florida Condo Association in Broward County. One of our bylaws states that new laundry facilities cannot be added without permission from the Board of Directors.

I have requested permission twice from the BOD to add a washer/dryer unit to my condo unit, and both requests have been denied. The first denial response cited that there are laundry units on each floor of the building. These rooms are maintained by an outside company. The addition of individual washers/dryers would take away from business, potentially jeopardizing the maintenance contract. The second denial cited that the building cannot support more laundry facilities.

I know for a fact that other condo units have added laundry facilities. I have informed the BOD of this, and they responded that they would not inspect the specific condos in question unless it was a matter of safety of life. Is there anything I can do?

14 Comments Click here to read/write comments

Condo Association Board tables meeting minutes

Posted on Mon, Dec 01, 2014 @ 07:00 AM
condo association board tables meeting minutes 120114 resized 600

I am a member of an Illinois Condo Association, and have a question regarding Board meeting minutes.

If the minutes from a preceding Board meeting are tabled because they were not ready, what should be the protocol? When should they get read and/or approved?

12 Comments Click here to read/write comments

Condo owner wonders if soundproofing is necessary for new tile floor

Posted on Tue, Nov 25, 2014 @ 07:00 AM
condo association condo unit rules for soundproofing 112514 resized 600

I own a first floor condo unit and plan to redo the floors with porcelain tile. My condo association says I’m required to soundproof the first floor. They are now checking the state laws to see what is stated for first floor units. My condo unit adjoins only one other on one wall, and do not believe soundproofing is necessary.

Has anyone had this same issue, and/or does anyone know what Florida says on this?

6 Comments Click here to read/write comments

Lease terminations causing problems in Michigan condo association

Posted on Sun, Nov 23, 2014 @ 07:00 AM
condo association facing issues over terminated leases 112314 resized 600

Three condo unit rental leases were terminated by the lessee before their mandatory 12-month lease was fulfilled. Can they present a new lease for a tenant? Our condo association by-laws specifically require a 12-month lease.

Thank you.

9 Comments Click here to read/write comments

All Posts | Next Page