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Condo Association help wanted: Violations, Board Harassment and Notifications

CondoAssociation.com on Thu, Jan 28, 2010 @ 07:27 AM


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.


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