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

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

Condo association member objects to next year's budget and condo fees

Posted on Tue, Dec 02, 2014 @ 07:00 AM
  
  
  
condo association member wants to write objection letter for next years budget 120214 resized 600

I am a member of a Massachusetts Condo Association. Our building has four condo units, and last year’s condo fees were $200 per month. According to next year’s budget, which has already been voted in, condo fees will go up to $550 per month. After reviewing the budget, I believe some of the line items have been overestimated (ex. $2000 for snow removal, which cost $200 the previous year).

Can I write an objection letter for next year’s planned budget? If so, how can I go about this?

8 Comments Click here to read/write comments

Condo association board slow on urgently needed roof repairs

Posted on Wed, Nov 26, 2014 @ 07:00 AM
  
  
  
condo association board slow in coordinating urgent roof repair 112714 resized 600

I noticed a hole in the roof of my condo association building. I notified the management company in writing and they passed it on to the Board of Directors. Approximately one week went by, during which time I had not heard back and no repair was made. It had also rained and snowed during this time. I ran into a Board member and asked about it, and was told one of the members had looked and did not see anything. The hole is so large it can be seen from the road, and essentially nothing is being done about it. The overhang of my condo now has warped boards, cracks, and mold spores directly under the area of the hole – the spires are black and fuzzy.

I had spoken with a particular Board member who doesn’t seem to have much influence on what gets done.& If this issue continues to be ignored, do I have the right to schedule repairs and cleanup on my own and withhold condo association fees to pay for it? Should I contact the property management company again? I’m stymied, and meanwhile the damage is spreading.

8 Comments Click here to read/write comments

Michigan HOA imposing annual fees for rental of condo units

Posted on Tue, Nov 11, 2014 @ 07:00 AM
  
  
  
condo association fees for condo owners who rent units 111114 resized 600

My HOA recently administered a $100 fee per year to the owners of any condo units being rented. There was a change to the Master Deed seven years ago stating that the board could do this, though it has not been initiated until now. In addition, a notice had not been sent out informing condo owners of this.

There has been plenty of discussion amongst owners regarding initiation of this fee, even though it is in the Master Deed. After quickly researching, it seems that law in Michigan does not govern HOAs. Further, it seems this sort of action is legal in some states, and illegal in others. Does anyone know of or have any information about associations implementing a yearly fee to condo owners renting their properties?

The HOA stated the reason for the fee is due to the additional cost of renters contacting the association. Shouldn’t this be covered by our condo association dues? Anyone with advice on this, or where I may gather additional information, would be great.

11 Comments Click here to read/write comments

Massachusetts Condo Association shared utility usage question

Posted on Sat, Nov 01, 2014 @ 07:00 AM
  
  
  
Condo Association Water Meter

I live in a Massachusetts Condo Association.  We recently had a new shared water meter installed. My question is this.  If you have a shared utility but you feel your usage is below what your share is, how should you approach your board?

11 Comments Click here to read/write comments

Condo fees questioned between units of different size/construction

Posted on Fri, Oct 31, 2014 @ 07:00 AM
  
  
  
condo fees split between condo units of different size and construction 103114 resized 600

We live in a Kentucky condo association.  There are 90 condo units that are 2,400 square feet and made of brick, and another 100 condo units at 1,800 square feet that are wood-framed with siding, etc.

In determining condo association fees, should the construction and cost of repair of the condo unit be taken into consideration in addition to square footage? It seems the smaller units require more frequent repair, yet condo association fees for the larger units are much higher.

8 Comments Click here to read/write comments

How can condo association cost effectively run emergency phone lines?

Posted on Tue, Oct 28, 2014 @ 07:00 AM
  
  
  
condo association emergency phone lines 102814 resized 600

I am a member of a North Carolina condo association, and have a question regarding condo unit emergency phone lines. We are required by law to have dedicated phone lines for the fire alarm and elevator, along with a backup phone line for the fire alarm. For three condo buildings, that is a total of nine business lines.

Does anyone have suggestions on alternative, more cost effective solutions?

2 Comments Click here to read/write comments

Own condo, but can't make assessment payments. What can the HOA do?

Posted on Sun, Oct 19, 2014 @ 07:00 AM
  
  
  
condo assessment fees past due

What if I own my condo free and clear, but can't pay my condo assessment fees. If I fall behind, say 8-12 months, how can the HOA collect the assessments? I live in Illinois.

12 Comments Click here to read/write comments

How can condo association deferred maintenance accounts be used?

Posted on Tue, Oct 14, 2014 @ 08:09 AM
  
  
  
condo association deferred maintenance accounts resized 600

What exactly can condo association deferred maintenance and unallocated interest accounts be used for? I've always understood that these 2 accounts can be used for any reserve spending, such as elevator upgrade, painting, carpeting, roofing, paving, etc.

6 Comments Click here to read/write comments

Should homeowners be responsible for additional HOA assessment fees?

Posted on Thu, Oct 02, 2014 @ 09:16 AM
  
  
  
Additional HOA assessment fees 100214 resized 600

I'm living in a two bedroom condo. The condo association raised the maintenance fees a few months ago. Now they want all of the owners to pay assessment fees for fixing the roof and parking lot. Should the homeowners be responsible for that fee?

7 Comments Click here to read/write comments

All Posts | Next Page