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How can we make badly behaved HOA residents feel a consequence?

Posted on Tue, Sep 30, 2014 @ 01:04 PM
  
  
  
  
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I live in a condo in NYS. In reading our governing docs I don't find an answer to this question and am wondering if anyone can help. We have residents (owners and renters) who have been given copies of rules which they have signed noting their understanding, etc. Perhaps times have changed - more than ever before we have a number of newer residents in our condos who don't adhere to the condo association rules. They pay their fines which until now have been nominal at best. We have recently voted to increase fines in hopes that it will call attention to the seriousness of the problem. Other than fines and the withholding of pool passes, is there anything else that can be done to make badly behaved, disrespectful residents feel a consequence for their actions? It seems that condos have no bite when it comes to this problem. Conversations have not helped. I keep thinking if just once we could do something to enforce our rules in a way that might cause the resident a hint of discomfort or embarrassment it might help to stop some of these behaviors that are so aggravating and frustrating to the other residents. Thanks for your help.

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

Master homeowner association is not legally set up right

Posted on Tue, Jul 01, 2014 @ 12:42 PM
  
  
  
  

I am the President of my HOA and have recently joined the Board for our Master Association. The other association under the Master represents the condos. There are three members from the condos how have been on the Board for over ten years and two years from the HOA on the Board so I am always out voted. After reading the Master Association documents it appears this Board does not comply with the Covenants and the way the Master Association was set up under them. They have an agreement from 2003 scribbled on a piece of paper that previous Board members signed delegating MA common area maintenance to my HOA which they are trying to force me to carry out. Now they plan to file this with the county clerk as a amendment. Under the docs all amendments have to be voted on by the full membership. I can't tell how long is has been since an annual meeting has been held. I've lived here 5 yrs. Never has been one. Under this agreement my HOA is paying more per unit than the condos. Is there any recourse when the Board erroneously picks what they want to enforce from the docs and blatantly go against other Articles?

7 Comments Click here to read/write comments

How does each state regulate property managers differently?

Posted on Mon, Jun 23, 2014 @ 07:24 AM
  
  
  
  
I'm interested in finding how each state regulates the HOA /condo association property managers?

15 Comments Click here to read/write comments

Does anyone have a sample contract for a condo or HOA manager?

Posted on Tue, Sep 03, 2013 @ 07:36 AM
  
  
  
  
We are hiring a new condo manager, where can we obtain a contract for her?

4 Comments Click here to read/write comments

Condo docs say owners have first right of refusal on units for sale

Posted on Wed, Jun 06, 2012 @ 07:40 AM
  
  
  
  

I am a board member of a 60 unit condo. The Declaration was filed in 1985. It states that a unit cannot be sold without notification of the board and the Association has the first right of refusal. A unit sale has taken place without this rule being followed. The board found out after the closing. I was told someone at the management company told the seller it was ok to sell. Does the management company have this power? I do not find this in paper work I have. Does the association have any recourse, since the closing was completed. It was bought by a financial group to be rented or leased. We have good association and few vacancies. I could not find this looking at the archives. Thanks

28 Comments Click here to read/write comments

Can condo association or HOA charge for condo documents?

Posted on Thu, Mar 29, 2012 @ 08:21 AM
  
  
  
  

How much can the condo association charge escrow for requested documents like CC&R, Bylaw, Reserve study, Article of Corporation, Rules and Regulation, fill out escrow forms?

11 Comments Click here to read/write comments

Property managers refuse owners request for condo financial records

Posted on Sat, Dec 24, 2011 @ 08:07 AM
  
  
  
  

Somebody is telling a lie! The New Jersey Condominium Act, N.J.S.A. 46:8B-14(g) states that the association, acting through its officers or governing board, shall be responsible for the "maintenance of accounting records in accordance with generally accepted accounting principles, open to inspection by unit owners at reasonable times". These accounting records shall include (1) a record of all receipts and expenditures; and (2) an account for each unit setting forth any shares of common expenses or o thr charges due, the due dates thereof, the present balance due, and any interest in common surplus. Further, 46:8B-16(d) states in part that "Upon investigation, the commissioner shall have the power to order the compliance of the association with such a request."

As a unit owner, I have asked the Board's management company and the Association's attorney an opportunity to inspect these records. The Property Management Company from direction of the Board has refused me an opportunity to inspect those records. When I turn to the association's attorney has also refused me an opportunity to inspect those records. When I asked the state to investigate this issue they advised me that based on their investigation the property manager and the association attorney have advised that they have provided me with an opportunity to few those records. That is not true and the State of NJ has advised me that since an attorney would not lie to the state and a property manager also would not lie to the state because both could lose their licenses. The State has advised me my case is closed since of the three entities one of them is lying and it must me me. I have not seen or had the opportunity to review those records per NJ State Law, but State refuses to help me. Other than litigation how to I get a view of these financials? Thank you. N.J.S.A. 46:8B-14(g)

21 Comments Click here to read/write comments

Can HOA dues be collected if no annual budget has been approved?

Posted on Thu, Sep 08, 2011 @ 08:06 AM
  
  
  
  

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?

14 Comments Click here to read/write comments

Does new rules condo doc supersede article of incorporation?

Posted on Thu, Jan 27, 2011 @ 01:12 PM
  
  
  
  
In 2000, an Amendment to our Florida Condo Association Articles of Incorporation states that we are managed by 5 board of directors. However, an Amendment to our ByLaws in 2001 says we can have up to 7 directors. Does one document supersede the other? (We owners/non-board members want 7.)

9 Comments Click here to read/write comments

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