Posted on Mon, Jun 28, 2010 @ 06:27 AM
Our condo association declaration states that 3 years after the first property is sold or 75% of the total property is sold, the land company is to turn the condo association over to the owners. We are in our 4th year, and the original land company has been sold. The development company has since relinquished 7 remaining properties back over to the bank. The person left in charge is also an owner of a piece of property here but is dragging his feet turning the association over to us. My question is what remedies are there to expedite the transition to us as owners?
Posted on Fri, Jun 18, 2010 @ 08:01 AM
I live in a newly developed condo complex. The proposed number of units is 23, of which
only 15 have been built, and 11 sold. I was told about the condo fees
during the Purchase & Sale process and received a copy of the condo documents
before closing.
What I discovered after I purchased my unit was that no condo fees were being collected for an undisclosed period of time. No condo association had been formed and the only condo association board member I was aware of was the seller. As a result of not paying dues the lawn care and trash removal was sporadic at best. I was told by the on sight builder they would maintain the property here and there until more units were sold, and there was an established condo association. After being there for several months I decided to hire my own landscaper to maintain my unit. The seller has been paying the master property insurance, water & sewer, as well as the exterior electricity bill. As one might imagine, the complex, due to lack of care and pavement is pretty sloppy looking.
After 8 months of wondering, and unanswered questions, I received my first condo fee bill. I questioned the owner about voting rights, electing officials, and inquired about what my fee will actually cover. I also addressed issues with the interior of my place as well. I requested a meeting with him and the other owners to establish a formal condo association. I received no response.
My long awaited question is: If the seller continues to ignore me am I obligated to pay these dues? Do I have the right, as well as the other owners, to a vote; to have say in matters? I don't want to be in default, but at the same time if this fee includes services that I'm not getting, then I don't want to pay it. I hope someone has a suggestion. Thanks!
Posted on Tue, Jun 01, 2010 @ 09:43 AM
Our 10 unit condo building in Illinois recently discovered that the developer, who still retained ownership of several units, set up his utility bills under the Condo Association's account - and admitted to doing so deliberately. So for the past 10 years (!!!) the Condo Association has unknowingly paid over $20,000 in non-common area/Condo Association utility bills. Unfortunately, we are not sure how to proceed in recouping this. His development company is pretty much out of business, but he still owns units within the building and parking spots - after dealing with foreclosures and other financial problems, we just do not have the money to pay a lawyer to go fishing on this...
Posted on Fri, May 28, 2010 @ 06:26 AM
Our
condo association declaration states that 3 years after the first property is sold or 75% of the total property is sold, the land company (developer) is to turn the condo association over to the owners. We are in our 4th year, and the original land company has been sold. The 2nd company has since relinquished 7 remaining properties back over to the bank. The person left in charge is also an owner of a piece of property here but is dragging his feet turning the association over to us. My question is what remedies are there to expedite the transition to us as owners? BZEYV63N6ATP
Posted on Thu, May 13, 2010 @ 06:09 AM
I am newly elected president to our recently turned over condo association. The developer turned over in February. There are 3 board members including myself. Developer wants us to sign a release in exchange for money. All of us are inexperienced and have thus turned release over to the lawyer. Our property management
company tells us everything was done correctly concerning the turnover but when asked to produce documents we are given run around. Documents are stored off site at their office and not readily available to the condo association board. One board member is combative, self serving, and will not do anything because it is the "property manager's job". Property manager is off site as well and does not have set schedule as to when she will be stop in. I am frustrated as I feel as though I am carrying the load of everything...cannot trust anyone and totally feel that fudiciary responsibility. I am ready to submit resignation yet feel guilty leaving everyone to handle all of this unfinished business...after all, I am not getting paid right? I know there is a lot of info here but I need some advise...HELP!
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Posted on Tue, May 04, 2010 @ 05:29 AM
If the HOA is still controlled by the developer, because the complex is not 75% sold; does the HOA
still have meetings? I'm looking to buy a condo; asked for the HOA minutes of meetings/agenda; and was told by the Developer that there have been no meetings; so there are no minutes/agendas. I also asked for the last Reserve Study, resale certificates, and their public offering statement. According to the Developer, none of these exist. I've been advised to be aware of the financial health of the HOA. How can I get this information if the Developer won't give it? Thank you.
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Posted on Fri, Apr 09, 2010 @ 07:43 AM
My question is in regards to Florida Statute 720.306(1) Amending HOA Documents.(see below)
Our HOA community has recently gone through a chapter 11 bankruptcy filed by a developer. It was under a receiver for a while until the bank foreclosed on all the remaining lots. The receiver just before he left acting in behalf of the developer made all the remaining lots that the bank owns to Class “A”. Everything in our community is now Class “A”; we have no Class “B”. Does this mean that all lot owners under Class “A” should be paying the same amount in assessments for all common expenses such as: cutting grass, irrigation, streetlights and all other common expenses. In this situation how is unplatted
land handled for assessments, if any? Also, how is voting handled for the banks Class “A” lots and the unplatted land.
Florida Statute.720.306 (1) (c)
"Unless otherwise provided in the governing documents as originally recorded or permitted by this chapter or chapter 617, an amendment may not materially and adversely alter the proportionate voting interest appurtenant to a parcel or increase the proportion or percentage by which a parcel shares in the common expenses of the association unless the record parcel owner and all record owners of liens on the parcels join in the execution of the amendment. For purposes of this section, a change in quorum requirements is not an alteration of voting interests. The merger or consolidation of one or more associations under a plan of merger or consolidation under chapter 607 or chapter 617 shall not be considered a material or adverse alteration of the proportionate voting interest appurtenant to a parcel."
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Posted on Mon, Mar 29, 2010 @ 06:30 AM
My
condo developer skipped town and the homeowners association is being told we are
OBLIGATED to fix the common areas with a special assesment of 10,000 per
homeowner. Is there any condo association insurance in the state of wa that can help me if we
do have to pay a huge assesment? The state is WA
Posted on Fri, Jan 15, 2010 @ 05:35 AM
Our condo development of 750 units is stopped at 300 by the developer. The unsold inventory is sold to an "investor", who is selling the condo units at a discounted price.
It was said the Condo Association will be turned over in 60 days. Can the developer turn the communuity over with 300 doors or must it stay at 750? What about condo reserves, presently there are none, the roads need a finish coat and the clubhouse requires repairs. Is the condo developer responsible or can they walk away?
Posted on Wed, Nov 04, 2009 @ 05:57 AM
I am an owner of a condo unit but not on the condo association board. I am worried that our
developer will never pay his back condo association dues from the units he owns and
rents ( a considerable amount) extending to the condo association. The developer
formed a shell corporation from which we bought our condo. (We assume that all
owners in our condo building had the same experience.)
The condo association board seems scared to take
any action in the fear that the shell corporation will go bankrupt. With proxies, the
shell corp. has control of the voting for condo board members. Any suggestions for
action?