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What to do when a condo association doesn't legally act like one?

Posted on Wed, May 19, 2010 @ 06:00 AM
  
  
  

condo association lawCan condo associations refuse a request for a thoroughly itemized list of expenditures? In an over 55 building, they refuse to let anybody have a friend share their unit. They speak of the term familial but a search on HUD or the Fair Housing Act states that this is a reference to those under 18. Bylaws state the percentage of ownership should be equal to vote. This is ignored. Thus those who pay much less get the same vote. No method of communication exists. No bulletin boards, newsletter,e-mail etc. Similar to a dictatorship, which it is. What can be done to correct this?

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This could have been written about our board except that our past President (who still controls every aspect of the property through intimidation, false friendship, favors granted, etc) have a landscaping contract the seems to be granted in perpetuity and no competing or open bidding and operates a landscaping business from a garage that is in direct violation of rules and puts our insurance at risk) Any Attorneys have any suggestions about this. he also killed the sale of my property twice and called Police on me when I simply spoke up at a Board meeting about lack of parking systems after they threatened to tow my visitors cars. This is unbelievable! Please offer me some advice.

posted @ Wednesday, May 19, 2010 8:05 AM by Jim Court


I would encourage you to organize the owners in your community. this is a new approach that we recently had achieve last month at Saxony Square Condo in VA. We had organized the owners (about 78%) to vote out current members that were maintaining the status quo while we are paying one of the highest condo fees in our market. We have been successful with a door to door campaign explaining owners that if to action is taken, cost would have remained the same if not increase. the economic situation of the country makes all of us aware of cost and operations and as they are informed and organized with accurate information, their response could be very favorable to change the way a Board conduct its business.

posted @ Thursday, May 27, 2010 4:44 PM by Ricky Tejada


Whether you can or cannot depends on what is available in remedy in particular state's condo laws and corporations law.  
 
Which state is your condo association located. 
 
Do you still need help?

posted @ Saturday, March 05, 2011 8:58 PM by BETP Inc


The simplest way, although not the best way, is to take a look at what your association bylaw says,if your association is registered as a condo association. 
You need to read the case of Salaway v. Ocean Tower Housing Corp (2004) Cal.App 4th, by looking it up in the Internet, if your condo is in California and is a condo association with bylaws and mutual covenants (CCR), and know something about using bylaws to enforce your right as owner. 
 
Do you still need any help?

posted @ Saturday, March 05, 2011 9:07 PM by BETP Inc


New Jersey. Is it legal for our Condo's Management Company to transfer funds from our Reserve Account which is in the name of the Association, to an account in the name of the Management Company. This Trust account in the name of the Management Company co-mingles money from their other financial interests. They claim they do this in order to get us a higher return do to the significantly higher balance achieved by co-mingling moneys from other entities.

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