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Condo unit tenants to be served breach of contract. Is info public?

Posted on Wed, Oct 22, 2014 @ 07:00 AM
  
  
  
  
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I live in an Illinois condo association that also has rental units. A new rental tenant with four kids – a twelve-, eight-, four-, and two-year-old – recently moved in. This tenant is month-to-month renter (a bank owns the property, but is not making assessment payments, so they let the HOA rent out the unit on a month-to-month basis.)The parents don't seem to be able to keep the kids from running, jumping, and stomping in their rental unit, which goes on just about all day long.

I initially spoke with the parents and they said they would take care of the problem, but they have not and the situation has worsened. I then spoke with the HOA president and also the condo association manager about the matter. It was decided that a meeting should be held with the renter to go over the condo rules and regulations to ensure they were aware of the noise provisions rule.  In an effort to prevent continued violation of the condo noise provisions rule, a first floor unit was even offered, but the tenant refused stating that they didn’t want to move and that they wanted to stay in their current unit. 

I informed the HOA president and condo association manager that the tenants are continuing to cause a disturbance and affect our quality of life.  I was asked by the mother at one point – what do we expect from kids? – and was then told I had to get used to it.  They can’t have it both ways at our expense, and am under the assumption that this puts them in direct violation of the condo rules and regulations, especially since they had refused the offer to relocate to a first floor unit.

The HOA president and condo association manager said the matter was referred to our condo association lawyer, who was to send a notice for "breach of contract" to the rental tenant by a special server. I contacted the office a few days later to get an update and they stated the server came but the tenants were not at home. What is the procedure for a special server to serve notices to a particular person? Do they have to serve the person face-to-face? Do they use certified or registered mail to serve? How often and how long does it take to serve a particular person? Can I request copies of any correspondence on this matter? I'm thinking of moving, but thought I'd get some more knowledgeable views on this. Does anyone have experience with or insight into a matter like this?  Any thoughts and/or opinions would be greatly appreciated.

24 Comments Click here to read/write comments

Florida condo association BOD eligibility with past conviction?

Posted on Fri, Oct 17, 2014 @ 07:00 AM
  
  
  
  
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Is a person eligible to become a member of a Florida condo association board of directors if they have a past criminal conviction in Florida that is 20 or 30 years old?

5 Comments Click here to read/write comments

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

How does Massachusetts Homestead Act protect HOA's and condo owners?

Posted on Wed, Sep 17, 2014 @ 07:13 AM
  
  
  
  
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Does the Massachusetts Homestead Act protect elderly condo owners from having liens placed on their property or having a foreclosure initiated from unpaid condo association fees. It looks like most liens and mortgage products are exempt from protection, but this is a new wrinkle I am dealing with?

5 Comments Click here to read/write comments

Do HOA clubhouse doors need to be shut at all times?

Posted on Fri, Aug 29, 2014 @ 06:52 AM
  
  
  
  
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I live in an HOA in Clermont, Florida and we have a clubhouse and a pool area, tennis area and such. The clubhouse has been up for at least four years. The local fire department recently came in and did an inspection. They now say that all doors within the clubhouse have to be shut at all times. Almost all of the doors in the clubhouse have glass windows in them. Is this correct? Do these doors within the clubhouse have to be shut at all times?

11 Comments Click here to read/write comments

Can condo association tow car for having no parking permit?

Posted on Thu, Aug 28, 2014 @ 04:53 AM
  
  
  
  
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Can a condo association in California tow your car for not having a parking permit? The condo association's rules and regulations do not mention that a parking permit is required. It also states that open spaces are for guest only. A sign at the entrance of my street states public parking is prohibited. If I am a tenant, would I be considered "Public"? The towing company that towed me is also not listed under towing information. Please advise.

10 Comments Click here to read/write comments

Should condo association meeting minutes be public record?

Posted on Mon, Aug 25, 2014 @ 05:33 AM
  
  
  
  
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I am the president of a condo association board of directors in New York City. In the past I've been asked to supply the most recent annual meeting minutes and the most recent board of directors meeting minutes to potential buyers. That makes sense to me and I'm happy to do it.

Today a lawyer for a potential buyer has asked for all the minutes I have going back over the years. I feel the most recent minutes give the most current information and anything more could just get confusing. All of the annual minutes are available to all. However, board meeting minutes are often full of private and sensitive information about owners that the board needs to deal with discretely for all owners' protection. If owners ask to see board meeting minutes I happily hand them over, but they understand that there may be some redactions of sensitive information.

What is common practice when it comes to handing over annual and board of directors meeting minutes to potential buyers and/or their lawyers?

6 Comments Click here to read/write comments

How can we prevent children in our HOA from playing on the streets?

Posted on Mon, Aug 11, 2014 @ 07:05 AM
  
  
  
  
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Is there an HOA law or regulation to prevent unattended young children from running or riding their tricycles on the street in the development? If not, how can we prevent this in order to avoid an accident from happening?

10 Comments Click here to read/write comments

Illinois condo association wants a special meeting

Posted on Wed, Aug 06, 2014 @ 08:00 AM
  
  
  
  
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We are condo owners in Illinois and would like to call a special condo association meeting. What kind of petition would we need to do so? There are 26 of 28 condo unit owners.

11 Comments Click here to read/write comments

How do condo associations handle emergency access to units?

Posted on Mon, Jul 28, 2014 @ 06:48 AM
  
  
  
  
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We are small (<40 units) self-managed beachfront 5 story condo building that is used almost exclusively as a vacation property or second home. As the building ages we are finding a need for access to more units to inspect for water leaks in order to identify and/or take corrective action to minimize damage. We have the standard practice in place to turn off the main water valve when units are not occupied but that is not sufficient because some leaks are not known or detected until damage is detected in a unit below.

We are wondering - what type of polices or practices have other condo associations implemented to address emergency access to units? If you have a process in place, how are individual unit keys secured and made available for unit inspections, especially when you have no resident agent? Please identify any control or liability issues you have addressed.

13 Comments Click here to read/write comments

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