COMMENTS
Although you do not indicate the age of your building or the type of management this is what we have found to work: With 132 units we have a full-time association manager that executes all office duties and directs one full-time maintenance person. Janitorial work is not in house but done by a reputable business 3 days per week (we have 22 buildings with 6 units each). The key is defining work procedures and schedules and having management oversee and direct all areas of the operation. Our staff has taken "ownership" of their positions and the results are pleasing. The Board is very happy with the results and they receive feedback on a daily, weekly and monthly basis.
Did you try to talk to the people in charge of the building across the street from you with the 88 units?
Victor
Recently changes were made to our documents changing the date of our annual meeting and elections.
Our annual meeting used to be in April, now it's any month during the year that the board wants to have it.
The question is what happens with the terms of the board members. This would allow the board members to stay on the board longer then the time they were elected for per our documents.
The board members that were elected to serve one year in April of last year will now be serving more time on the board if they were to hold the annual meeting and elections in November or December of this year.
As you can see they will be serving 7 or 8 months longer then they were elected for by the homeowners per our documents.
Is this legal for them to serve longer then they were elected for or by changing the doucments change this?
Thanks ....
Stephen
This is condo world where elected members sometimes do what they want regardless of bylaws or state rules.
From a NJ perspective it's pretty much illegal unless the other owners say nothing and let it happen. In NJ 1/3 of the the owners is needed to change the bylaw.
Victor
Hi Victor,
Thanks for your comment. The Bylaws were changed by 2/3 of the owners. That's not my question or concern, the question is:
The board members that were elected to serve one year in April of last year will now be serving more time on the board if they were to hold the annual meeting and elections in November or December of this year.
As you can see they will be serving 7 or 8 months longer then they were elected for by the homeowners per our documents.
Is this legal for them to serve longer then they were elected for, or by changing the doucments change this?
Thanks ....
Stephen
Stephen
I had a typo in NJ it's 2/3 not 1/3 my mistake. I sometimes type to fast.
Did anyone including the board members know the board members were going to get extended time as a consequence of changing the bylaws?
Was it ever brought up at the meetings that the board members were going to get extended time?
I'm sure you can fight the issue but
if 2/3 of the homeowners voted for the change then there doesn't seem to be anything you can do about it except hire a lawyer.
Are you against the board members? Are they not doing a good job?
Victor,
Thanks again.... It was never brought up at any meeting. I am sure they knew exactly what they were doing. The situation is that our developer went bankruptcy chapter 11 Nov 2007.
So the bank came in and took over the property. We have 247 homes sold with 578 lots not build on yet that belongs to the bank. The bank controls all the voting by voting with their 578 votes. There are two homeowners on the board and one person from the bank. They wanted to keep the two on the board so the bank went along with the two homeowners on the board so they could stay on the board for 8 more months wothout voting at the election.
A lot of the homeowners do not want them on the board because they are making a lot of costly mistakes.
Thanks,
Stephen
Stephen
There doesn't seem to be enough representation for the current 247 home owners. I think your community needs to contact a lawyer and find out what the laws are pertaining to bankruptcy of a builder and bank ownership responsibilities to the current owners.
What state are you in?
Victor,
I am in Florida. BTW, I am originally from NJ. It's a shame that homeowners
have to hire an attorney and spend a lot of money to correct a bad situation.
Stephen
Stephen there are a lot of problems with condo's that can be fixed by bylaws. The laws are vague so one has to hire a lawyer. Who do you think writes the laws.
Vic
Stephen
I meant to say CAN NOT be fixed by bylaws. Dam my fast typing!
Victor
I live in a HOA, Houses NOT condo's.
Thanks for all your help.
Stephen
Stephen
Same type of situation. We all have an HOA.
Rule of thumb
One seasoned experienced real maintenance mechanic per 200 units but do not expect him to do cleaning, your problem is quality of staff and lack of supervision