Condo Association Management Blog

I sympathize with you. You have already done well by going to a lawyer. I recommend not to sign anything until you get an OK IN WRITING from your lawyer. I would not accept anything withoug financial documents and sutporting papers, ie. bank statements, balance sheets,general ledger, insruance policies, etc. Also a list of invoices paid and expenses incurred at least in the last 12 nibtgs and an annual budget prepared by the developer. Otherwise you may find yourself in a big hole with expense that were not accounted for and have to increase the maintenance to a an unexpected level.  
 
As to the manager, remind them that they work for you now and not for the developer and if they can not provide the board with everything that you request from them, it may be time to look for another manager. 
 
Do not let them give you the run around. At the end it is your board the one that will face the music

Sorry....I meant to say...AT LEAST 12 MONTHS (of expenses)

The developer has to provide you with a detailed report of the association status (financial, maintenance, contracts, pending jobs, etc) without this you will have to start guessing and start all over again, they have to provide you with a list of the documents they are turning over for you to revise and sign the release of them from the developer, don't trust on the developer or management company and audit anything you feel necessary, make sure that everything is properly documented before sign anything remember association is a company and needs to fallow those procedure. 
 
Regarding the management company they have to support you all the way on the transition and have for you all the documents you requested remember you are the president of the association and they are the agent they work for the association which you are the president  
 
Seek your association docs and state law for guidance, consult the lawyer (if applicable) for assistance  
 

heeheehee, 12 nibtgs, heehee. cute. :) 
 
My husband is the president of our condo association and I am the secretary and it's not easy, is it?  
 
I don't have much good advice for you, but I'm sorry you're getting a hard time from the management company. We just fired our management company because they ran us $5000 into debt for no explicable reason. (painting lines in the dirt parking lot without any approval from anyone? REALLY??? The lines were erased by dust within a few weeks.)

Something you might want to consider having done is a transition and reserve fund study. They will tell you if the buildigs and site meet industry standards and the local codes.From your note it's not clear if the time frame on the transition study has expired.Speak with your attorney. The transition / engineering study will pick up any defects that must be cured by the developer as a condition of turnover to board control.It will head off any problems you don't want to have to inherit ad nauseum. Good luck!

I would not sign off on anything without the supporting documents from the developer. 
 
Your manager should have set hours. If she doesn't, and you're in South Florida, contact us and we can give you a proposal tailored to your Association's needs. 786-207-2597 or visit us on the internet atwww.bestcondomanager.com 
 
Even if the records are off site the manager should be able to readily produce them within the appropriate amount of time. 
 
We pdf records, maintain them digitally, etc. Records are usually available within a few hours. 
 

Hello! I don't have any advice to make it better - but wanted to let you know how much I sympathize. As a fellow bod president with a 5 person bod and a offsite management company. I'm in the same predicament - but instead of a transition property we've got a 2M$ renovation impending. Yes president's seem to get stuck doing everything, everyday my time goes to either doing the property managers job (since he can't seem to get onsite). and at each meeting the other bod members chew me out for not doing enough - while they do nothing but complain and stall. we've even had to get our lawyer involved since the bod members send harassing emails to each other. sad. i feel the pull to resign - do i lose my time and sanity now or my asset and quality of life here at the condo as the property deteriorates. good luck! bod president's everywhere feel your pain!

Do not sign any releases without the ok of your attorney. Any money your developer is witholding will be nothing compared to what potential liabilities you may be stuck with. I've been on my condo board for 4 years. Two years as president, one as treasurer and now I'm secretary. I'm in Illinois, so the law might be different where you are, but here the developer must turn over the following within 60 days of election of the first BOD: 
 
All original documents as recorded 
 
Financial records including receipts, etc.. 
 
Association money 
 
Schedule of all real estate owned by the Association including deeds, etc.. 
 
A list of any litigation involving the Association 
 
 
 
It's not part of the law, but it's a good idea to get a reserve study pronto and get the developer to agree to fix major problems or give you money for the repairs.

Deni, 
 
 
 
Do you and your husband own separate units? If not, I'm not sure you can legally have two board seats.

What is the consequense if developer does not turn over with the 60 or 90 day period?

We do own 2 units. I'm not sure about board seats. There's an investment group that we purchased through that owns a majority of the units and they voted us in. It'd be rather delightful if there was anyone to take it over instead. :) We're in Utah, so the laws may be different here.

Thank goodness for people like you! We had a similar situation as we demanded take over of our association while the builder was going bankrupt. Governing Documents tell much, be sure to read them. GO to the Management company and retrieve ALL your documents...call, set appt and pick them up! We did it. Do not sign anything because they may have put a release of damages in the agreement (10 yrs to back their work). It is a federal offense to misappropriate funds, so make an appt with the accountant of the mgment company and get the financial reports, bank accounts and let them know that there will be an audit completed. Make sure your money is there. If they don't give you documents in 30 days, you can sue them in court at their expense. I am in Illinois. We got everything and some extra money, but we didn't back down. We went to the Village for help, as they must approve the project in the first place. When they "couldn't do anything" we threatened to contact the local newspapers. They began to help immediately.  
 
Hang in there..most of all read your governing documents and getting a lawyer was very good! 
 
The law is on your side. 
 
This advice comes from Illinois. 
 
J