Condo Association Management Blog

Dealing with bad condo association politics and behavior

We have a small 9 unit condo association building. Three of the owners do not live in the condo building, which leaves six people actually available to serve on the Condo Association Board of Directors, and we have a five member board of directors.

The problem is the remaining association members. One is violently disruptive at all board meetings. He also holds the proxy of one of the non-residents, so it is hard to work around him. Another is also disruptive and rude, frequently supporting, then opposing, necessary work on the building such as roof repair and painting. She seems to enjoy creating cliques and pressure groups among the few people who do live here. It has become actually impossible to run condo association board meetings.

With such a small number of people to take part in condo association management, we have to work with these people. Usually, whoever is the president of the board quits after one year because they cannot stand the stress brought on by these people. Our condo building needs major work, yet due to the lack of concern of the live-away owners, and the childish nature of those who do, we cannot get any work done.

Does anybody have any suggestions about dealing with situations like this?

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What can be done about condo association's disruptive owner?

What can be done about a disruptive owner in a Condo Association? We have an individual who was thrown off the condo association board by a vote of homeowners 2 years ago because she was disruptive to the condo board duties (wasting money by constantly calling the attorney, uncooperative at board and public meetings, etc.).

Now this individual refuses to stop badgering the board at every meeting and will not relinquish the floor when she is called out of order. Additionally, she walks the community trying to get petitions signed whenever the condo board tries to accomplish anything. She threatens legal action (but never follows through). Unfortunately, our condo association's attorney bills have increased from a few thousand dollars a year to almost $50,000 primarily due to her disruptive actions and the condo board having to address all of her actions and threats. Can anything be done to make this person go away or stop her from holding the community hostage? The board is having trouble meeting it's responsibilities because they are constantly dealing with this owner and we're paying for it in increased condo fees.

HOA board won't enforce fire code and regulations on property

My HOA board of directors will not enforce local and State fire lane no parking regulations. There is to be no parking in the parking lot except between striped lines, and no parking in front of garages. There are to be no social activities in the parking lot for safety and access reasons, and no objects are to be placed in the lot. The HOA board allows owners to park cars in front of garages to do car repairs, and sometimes owners park their cars in front of their garage overnight, there are kids playing ball in the parking lot and also picnics, and one owner barbecues with a charcoal grill in the lot whenever she pleases (and she is on the board!)

I brought this up at the annual meeting in August, and I was told I was wrong, wrong, wrong, and they said so in the meeting minutes. I have submitted documentation from the City Fire Marshal about the rules, but they still ignore them. Has anyone else had this problem? The bylaws say these things cannot be done, but the board doesn't pay any attention to the HOA bylaws.

About HOA insurance

Condo association forcing us out for smoking. What can we do?

My neighbor has complained to the condo association about my husband's cigarette smoke seeping into her condo. She was a smoker when she moved in about 6 yrs. ago. Now she says she has asthma and the smoke irritates it. My husband and myself are being threatened with a fine of $100.00 a day until we stop smoking or sell our condo. We have lived in these two towers for over 23 yrs and now we are very unhappy over this situation. What can we do to end this horrible nightmare? We feel she does not have to put us through this since she once smoked. We have been told the cigarette smoke is seeping through the outlets between her bedroom and ours. PLEASE HELP US.

Condo Association help wanted: Violations, Board Harassment and Notifications

What is proper notification for Violations and Board harassment, as per Rules and Regulations. I cannot find what the proper notice requirements are for violations anywhere in our condo association's Rules & Regs, By-Laws or Declaration. This is an unbelievable story. I do see that certified, return receipt has proper notice for other items.

I also just received a Cease and Desist from an Attorney about two specific issues and the attorney sent it by Regular Mail and then Certified with Return Receipt. The issue is - The Oaks Board Secretary sent a nasty email at almost midnight screaming violations and fines. It was totally abusive and way out of line. As far as we know, it was not proper notice to us, nor are there any minutes saying that had a meeting and agreed to send this email that night - we put up our Christmas lights that same afternoon on or deck in the back of the building away from the street. Then a couple weeks later a letter was dropped in the hallway outside our door, not under it (normally they stuff papers underneath). This had 6 violation issues with only one stating a time or place (left door to the condo open). The rest were just as stupid. And if we ever do them again, we are doomed for life.... we might as well just seal ourselves in here. Again, no minutes from any Board meeting saying that The Oaks Board discussed or decided to do this. We are guessing due to the nature of the writing that both were actually written by the partner of the Secretary of the Board who is an part-time attorney who sometimes does free work for the Board - very verbal, nasty and basically ridiculous and out of control. The main violation we consider a Violation of our Constitutional Amendment to Freedom of Religion. Being able to celebrate the holiday with our lights, which we've done for 7 years here already. The Board made a new Rule so we couldn't have our colored Christmas lights on the deck - off the main street, looking into the trees. You guessed it, the President and another Board member are outwardly anti-Catholic. They call them seasonal decorations but this rule was made and directed at us in retaliation last year for calling in University City to cite code violations at The Oaks. This thrown down letter we do not consider proper notice, it also had all these "made up" fines which do not comply with the actual fines listed in the Rules and Regs at The Oaks. (By the way, this and the last Condo Board has voted after the fact to approve items when they have made decisions improperly). We then received a Cease and Desist Letter from an Attorney re contacting Property Management and the Insurance Company which happens to be the same one we use for our Condo Association Insurance. My agent advised me to contact the other agent who we also know personally.

Just this week, we find another "dropped in the hallway" piece of paper, page 2 not provided - Board Minutes from this past week - all about how we, have "recently been assessed fines related to our violation of the Rules and Regs, despite ample warnings". Here's the kicker now, The Oaks Rules and Regs also state that proper procedure to request a hearing is to notify the Property Manager but the attorney wrote in the Cease and Desist that we are not allowed to have any contact with the property manager. And the Rules and Regs require we request a hearing thru the Property Manager. This has really gotten out of hand -and it's all in retaliation for calling in University City for about 30 Code Violations which this and the last Board was cited for. That's a lot. And they were real issues, water leaking, black mold, sitting water, emergency lights not working at all, rotted wood, just to mention a few. We live one block from Clayon in a very nice neighborhood. The building is valued at over 5+ million and these Board have been negligent and the Boards over the past couple years have been negligent and breached their fiduciary duty until we were left with no choice after numerous ignored requests to fix broken or damaged items. And one prior Board member told me they just fixed the items to get it done by the date with no regard to the quality of work done. In this case, I believe the Oaks Board is trying to sidestep the critical issue of dangerous black mold growing in some of our storage lockers which are limited common areas via harassment of us thereby intimidating all other owners by putting half truths in the Board Minutes. The Board told us at the Annual meeting in December (but did not put in writing) that it is our responsibility to fix the drywall and mold issues. Funny, the last Board fixed the other lockers out of condo association funds. ANY HELP IS APPRECIATED. Any lawyers in Clayton or St. Louis who are "really" knowledgeable about these issues. I think the attorney hired to counsel the Condo Association Board used to be with the AG office and appears to be an expert in this area. Thanks.

Condo owners selling units over rental rules

For 35 years there have been no restrictions on rentals of units in our 55+ condo association community. Last year an amendment was passed stating that condo units may only be rented after the owner has lived in the unit for one year. Now, as renters are leaving, owners (not just absentee owners, but long-time residents) are being told that they may not rent the unit again, so their only alternatives are either selling and taking a big loss in today's market or keeping up an empty unit and paying the costs. The condo board will not consider grandfathering them in and then changing the amendment, in spite of appeals. What are our alternatives?

Condo association unwillingly hosting a commercial business

A condo association unit owner recently began to run a home day care out of her unit without even notifying the Condo Association. We did find out that she is licensed and has some sort of insurance.

Our current condo association insurance agency told us that even though the unit owner has insurance, it is not enough and still leaves the condo association exposed to potention lawsuits. Our By-Laws state that the Units are to be used for "Residential Use Only". We have sent a "cease and desist" letter to her but she still continues to operate.

What is our recourse?  The unit owners do not want a Day Care run out of the Condo Association and do not want to be held liable.

Can Our Condo Association Collect Rent From Absentee Landlord's Tenants?

If a unit owner is 25 days or more late in paying his or her share of common expenses, the condo association may collect rent due the unit owner from any tenant renting the unit and apply it against the amount owed by the unit owner. This right is subject to any existing rights of a first mortgage holder.

The procedures for a condo association collecting rent from a tenant in the unit are as follows:

(a) First, the condo association must send a written notice to the delinquent condo owner. The notice must be sent by any form of mail or delivery which provides a signed receipt. It must set forth the exact amount the condo association claims is due and state that the association intends to collect the amount from rent, along with any amounts which become due in the future in the current fiscal year and remain unpaid for 25 days after they become due.

(b) The unit owner has 10 days after receiving the notice to file a written response with the condo association signed under pains and penalties of perjury. For any dispute over a monthly installment, the response must include proof, in the form of a cancelled check, receipt, or other document showing that the installment was paid.

(c) If the unit owner fails to file a timely response which complies with these requirements, or if the unit owner admits that any amount is owed, the condo association may immediately notify each tenant renting the unit to pay rent and the condo fees to the association.

(d) If the unit owner filed a response which was timely and complied with these requirements, the tenant pays to the condo association no more than the amount the unit owner admitted was due in the response.

(e) The unit owner may bring suit seeking injunctive relief or a judicial determination of the amount owed. The association may also bring suit to enforce its lien, to establish the amount owed, or to obtain a court order requiring tenants in the same unit, or in other units in the condominium owned by the same owner, to pay rent to the condo association.

(f) A unit owner is prohibited from taking any retaliatory action against a tenant who pays rent to the association. The laws which protect tenants from reprisals by landlords apply to any reprisal taken by a unit owner against a tenant who paid the condo association or expressed an intention to do so. Any waiver of these provisions in any rental agreement is void as against public policy.

Is Condo Association Living Right For You?

The condo association, which is comprised of the homeowners, is responsible for maintenance, operation, and finances of the complex.  A well-run condo association can offer considerable convenience and benefits for owners.  On the contrary, a poorly run condo association can create headaches, hassles, and hardships. You can expect to pay monthly condo association fees or dues that cover operating costs of the complex.  Those fees can be steep depending on the amenities offered.  You can also expect the association to make and enforce condo rules and enforcements that are designed to maintain a harmonious look and feel of the complex.  Some condo associations have lots of rules.  Others have few rules.  Some rules are reasonable, and still others can be intrusive.  Rules govern everything from your number of parking spaces to restrictions on visitors.  As an owner, you are required to abide by all of the rules whether you like them or not.

Before You Buy
A few general rules of thumb when considering a condo purchase are:

• Meet the folks who would be your new neighbors.  Find out what they like or do not like about the complex and the condo association.

• Check out the financial solvency of the condo association.  You do not want to find out about financial difficulties and be presented with an unexpected significant fee after you move in.

• Get the facts on owner-occupied versus rental units.  A predominance of rental units can present challenges of its own.

• Learn about the rules.  Read the condo bylaws to gain a clear understanding of how the association is organized and what the rules govern.

• Read the master deed or have an attorney review it.

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