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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
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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?
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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)
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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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Can someone send me a sample letter or post one here to go out to all residence that we will be starting an HOA? Thank you Terry firstname.lastname@example.org
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We have a 40 year old 60 unit condo association. $350.00 per month dues, average $1.000.00 in assessments per year, On site 80 year old manager positioned herself as president of HOA and controls the rest of the board to vote her way. Is there anything we can do to save this sinking ship?
We recently bought a condo in a large gated community association. We just learned that there is a 66-unit lease-hold apartment complex within our gates at our entrance (the land on which it sits is owned by a man in Hong Kong). They share our community facilities for a monthly fee per apartment unit. The problem: the apartment corporation is allowed to participate in our membership voting as if it belonged to our Condo Owners Association. They don't.
The County identifies their building as an apartment. Before 1991, 396 condos were noted in our Condo Association bylaws. In 1991, that count was increased by 66, the exact number of the apartment's units. Long-time owners report that in 1991 a large bank foreclosed on the apartment. That bank sued each condo owner individually. It would drop the lawsuits if the owners voted to annex the apartments. So they all did. The bank wanted a controlling voice in the Condo Association's fees charged for use of common areas. With 66 votes, they threatened to removed Board members if they didn't vote the way the Bank demanded. My question is, now that we know the situation, how can we get the apartment complex removed from the voting process without it costing a fortune in legal fees? How do we get our condos' total number corrected back to 396?
Our condo association bylaws definition of a condo clearly matches the legal definition pursuant to California code. The apartment building doesn't meet the definition. Because they are now part of our total numbers, our rental rate is too high. No HUD/FHA loans are allowed. We definitely need advice. Help.
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