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Help: How to fix a one man condo association board?

Posted on Fri, Mar 26, 2010 @ 05:06 AM
  
  
  
  
  
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We currently have a condo association board that is comprised of 5 people. The president does not perform his fiduciary responsibilities. None of the quarterly “late fees” were collected for 2009. It is clearly stated on our payment stubs, “late fee of $25.00 if 10 days late”. Because some of the people who are late are his "buds", he does not collect any of these monies. All late fees for 2009 were not collected, or bills sent. The 3 men on the condo board are all friends and boat-owners. Therefore, the yearly dock fees are never re-assessed. The dock fees are on a annual lease basis. One of the board members had his boat out of the water for a month and did not pay for that month. Nothing is being done because he is a board member and "bud" of the president. He says he does not owe this money. One resident is late on (2) quarterlies to date. Nothing has been done. April is around the corner, and I do not foresee the resident catching up. Shouldn’t a lien be placed on the property? We voted on sending a bill to a resident who put us in a position to have an attorney letter sent because he hadn't complied with hurricane shutters in 5 years! The bill was never sent to him, even after it was voted on. The unpaid fees and dues total $1413.00. Money that is fairly due to the condo association. The president does whatever he pleases. He knows his "group" controls the vote because it's three against two. None of the rules that we have spent time on revising, and sending to attorney for approval, are enforced. The president is self-serving and wants to be friends with everybody so he does not want to rock the boat. Therefore, not enforcing anything. We had a wonderful property management company before his reign and they quit when he was elected because they refused to work with him. He has chosen not to have a management company, therefore, he runs the place like it’s his own. He changed the meeting times to accommodate his work schedule. Recently, without notice he changed the Saturday meetings from 6:00 pm to 5:00 pm, full well knowing that I, as a board member, could not attend because I work until 5:00 pm. Even if we acquired a property management company at this point, they would not attend a Saturday meeting. We always had them on the 2nd Tuesday of the month but he changed it to accommodate himself. Can you advise us on how to make things right? He is OUT OF CONTROL!
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Comments

Unfortunate for you and for many associations whose members are not interested and elect this type of board. You don't say how much community support you have if any. Read your association documents. Compile the miss-management facts, call an all owner meeting according to your by-laws and get some community support to oust the current board. A coup is hard, but they are robbing all of the owners of monies owed.
Posted @ Friday, March 26, 2010 7:37 AM by Sherry Valentine
We had 20k 2008/2009 in unpaid dues and we are only a small lil 52 unit townhome complex...they dont do leins here in IL the do Forciable Entries and detainters... Which means if the homeowner does not pay they lose their right to occupy the unit! pretty gestopo if u ask me! so they let the 20k slide now if ur 30 days late they come for you!
Posted @ Friday, March 26, 2010 11:40 AM by amanda
condo associations should be outlawed, i think i've made that much pretty clear, it's a farce for the powers that be to line their pockets in most cases, maybe not yours... and my condo association and management team is 2 steps away from the shoe shine and their little world is fallin' apart (and i couldn't be happier if i tripped and fell on'ah bag'ah gold dust.) 
 
as far as forcible entries and detainers? i think you're speaking of an "unlawful detainer" which is the final service in an eviction proceeding. 
 
once a UD is served, self help is not only illegal for the server, but puts any self help issue into a misdemeanor and/or felony arena. 
 
happened to me with my tat shop, ole gurl spent 3 years in jail, and her self-help was a lil over tha top, to the point of endangering my shop's whole city block if not the whole town, which was 3 city blocks.... she DEFINITELY self-helped herself into an "assault with intent to kill" category. 
 
the judicial system does NOT look kindly on "self-help" in an "unlawful detainer" action. 
 
foreclosure based on non-payment of condo fees, resulting in a judgement against the defendant, followed by eviction is a process. a process that should be adhered to with kid gloves.  
 
or not... 
 
depending on which side of the county jail ya wanna end up on. 
 
... and NEVER, people... NEVER !!!! allow a condo association bylaw agreement to appear on YOUR mortgage. (unless the association sees fit to qualify for the loan and help pay the mortgage... and if they YOUR lender's note unless the unit owner is willing to play hard-ball and hold the management company by the bal*s til they scream "UNCLE" in a letigious arena for every nuance they didn't adhere to in their bylaws. 
 
fun stuff ! 
 
 
 
~belle 
 
 
 
Posted @ Monday, March 29, 2010 4:03 AM by Belle
Does the President of a HOA have a vote in a meeting. Our president says that she does. I say that she votes only in case of a tie.
Posted @ Monday, July 12, 2010 8:54 PM by Joye Borum
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