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Washington Condo Association requiring improvement without assessment

Posted on Tue, Jan 27, 2015 @ 07:00 AM
  
  
  
Washington Condo Association Board mandating improvement without assessment 012715 resized 600

I am a member of a Washington Condo Association.  Our Board of Directors is requiring all units to install new heating units without an assessment, which is very expensive.

The Board is also saying that, if the deposit is not paid to the service company performing the work, they will include the assessment in our dues.

Can they require us to change our heaters without an assessment, and assess our unit if we don’t pay?

8 Comments Click here to read/write comments

New Jersey Condo Association having trouble getting assessment fee

Posted on Wed, Jan 21, 2015 @ 07:00 AM
  
  
  
New Jersey Condo Association seeks back assessments from condo owner 012115 resized 600

I am on the Board of my New Jersey Condo Association. We have a condo owner who is refusing to pay a $400 snow assessment fee from 2010. Long story short, we have placed a lien on their property, as their total is now up to $2,700 after four years of fines and lawyer fees.

I’m told that all we can do at this point is tow their car from the property or go to court for a judgment. I’m also told that the court will likely throw out most of the fees, so the only leverage we have left to get our money is to tow the car.

The property management company is stonewalling this. The Board has told the condo owner to forget the $2,700 and simply pay the original $400 assessment fee, or their car will be towed. The resident has responded that they will sue the Condo Association if the car is towed.

The last thing our Condo Association needs is an additional lawyer fee…we just want our money! Are there any recommendations on how to proceed at this point?

14 Comments Click here to read/write comments

Chicago Condo Association has difficulties with property management

Posted on Thu, Jan 15, 2015 @ 07:00 AM
  
  
  
Chicago Condo Association questions need for property management 011514 resized 600

I live in a 126-unit Condo Association in Chicago. Recently, a Chicago Property Management Company was able to get the Association to pass a $2M special assessment for new balconies (glass, in a vintage building!). A petition to stop was defeated by 9 votes.

The Board has now given the property management company a five-year contract, naming them as the agent and site manager.   This equates to more fees, and they now do not require Board approval for access to our operating account. Further, we’ve recently discovered that this same management company was able to gain special assessment approval for a balcony in another Chicago Condo Association that they manage.

This Condo Association has low reserves and has not been audited in over five years. How do we get this property company out of here?  Remove our Board of Directors? Our Association cannot afford an attorney for this matter.

29 Comments Click here to read/write comments

Wisconsin Condo Association member double-billed for assessments

Posted on Sat, Jan 10, 2015 @ 12:15 PM
  
  
  
Condo Association Member owed refund from Board 011015 resized 600

Our Wisconsin Condo Association had to charge for a roof assessments fund. We were given the option of paying for it all at once ($2,900), or monthly payments until paid-in-full.

I had paid the upfront payment of $2,900, but was still charged the increased monthly amount of $2,900! I have been reach a resolution with my Board, which is of course corrupt with currenly six other lawsuits ongoing with other condo owners.

What is my legal argument to demand or force them to release the double-billed funds? How do I demand my money back? It appears that I am the only one who has paid upfront.

5 Comments Click here to read/write comments

Condo association will not credit owner who mistakenly overpaid dues

Posted on Mon, Jan 05, 2015 @ 07:00 AM
  
  
  
Condo Association member has overpaid dues and seeks retribution 010515 resized 600

I had recently inadvertently overpaid my Condo Association fees. When I tried to deduct the amount from another month, the Board of Directors President said they were not going to credit the overpayment since it had already been processed in the previous fiscal year.

Does anyone have any suggestions on the approach to this matter?

11 Comments Click here to read/write comments

How should Condo Association Board fees be handled through taxes?

Posted on Fri, Jan 02, 2015 @ 07:00 AM
  
  
  
Condo Association Board has questions around reimbursement and taxes resized 600

Hello, I’m a member of a Maryland Condo Association.

My question is this.  If a Condo Association pays a Board member who is the Treasurer $1,000 per month, should a 1099 tax form then be sent to the Treasurer?

10 Comments Click here to read/write comments

Should minor condo unit projects require special assessment fees?

Posted on Tue, Dec 30, 2014 @ 07:00 AM
  
  
  
Condo Association member disagrees with special assessments fee_123014 resized 600

All condo owners in my Massachusetts Condo Association were recently charged a Special Assessment Fee of $35.00. This charge was to cover the expense of placing a plastic cage over dryer vents, and was labeled ‘bird mitigation’. The total collected was $2500.00.

It is my understanding that Special Assessments are for Capital Improvements, not for small projects that can easily be paid for through regular funds. As well, I was told by a Board member that the main reason for the charge was to ‘get even’ with another condo owner who had called the Board of Health because her neighboring condo unit was placing bird seed all over the floor of his patio.

Our Annual Meeting is coming up soon, and I would like to bring up a possible refund on this ridiculous charge. I’ve researched this on my own, but can’t seem to locate the rule on when assessments can be made, so am asking for help in this matter. Thank you in advance.

11 Comments Click here to read/write comments

Rhode Island condo owner troubled by Board members' fee delinquencies

Posted on Fri, Dec 26, 2014 @ 07:00 AM
  
  
  
Condo Association Board members two years overdue on association fees 122614 resized 600

I am a member of a Rhode Island Condo Association. I just learned that three of our Board members have not paid their condo fees in over two years. As well, they voted against a recent proposal that would require Board members to be up-to date on their current condo association fees, and are telling people who inquire about delinquency identities that the information cannot be provided due to privacy laws.

The Condo Association is in major financial trouble, in part due to this. What recourse do other Condo Association members have in this situation, if we cannot get enough votes to replace these members?

7 Comments Click here to read/write comments

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?

15 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

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