Condo Association Management Blog

How does a condo association establish reserves...many years into the project (a medical office condo project)???

I would like to see links to state laws regarding condominium/HOA's. I would also be interested in having links to any case law or legal findings that are pertinent to our state. Since laws differ from State to State, what happens in Florida cases may have no standing in Alaska cases for example. I need to know what the case law is in Alaska.

Requirements for Condo ASsociations and filing annual reports.

Our Florida condo has a board of directors of 5, all of whom live out of state. The CAM should know the FL laws even if the directors do not. They do all their communication, including dissussions of condo business via e-mail. Their decisions are made by each board member sending in his or her vote via e-mail to the CAM. I sent an e-mail to the president and copied the CAM and all board members telling him that e-mail was not a substitute for meetings and I want to be copied on all e-mails concerning condo business. The CAM sent an e-mail to all members and accidently copied me, telling the board that they should not let the owners know what the board is discussing as that would be opening a can of worms. The CAM tried to recall her inadvertant message to me but it ws too late, I had already opened it and read it. Since then, I have not been copied on any e-mails and the e-mails I have sent to the CAM are ignored. She will not answer me at all. If I file a complaint with DBPR it will end up costing the condo owners in fines and attorney fees. I would to see something on this blog to explain to board menmers (and CAMs who should know but do not) that e-mail is not a substitute for notices, agendas,and meetings.

A link to condo statues is required by state.

It's not clear how to start a topic. Much easier to just comment.

I think the link to applicable case desions on Condo Owners state laws would be very helpful. I do not know of anyplace or site that links court cases to issues that would impact decisions to be made by a member or a board member.

If your state's condominium law is like most other states the board has to meet with unit owners present some sp[ecified number iof times each month. The law requires that unit owners present at a board meeting be allow to discuss any mothion-offer modifications to it etc and then the unit owners have to vote and it takes a majority to pass the mothion. This board as you describe it are operating illefgally and I don't believe that "the hold harmless" clause in your by laws will protect them from the law should a law suit be filed, 
 
 
 
Rad your by laws and your State Laws-you'll find they are violating the law.

Most State CFondominium Acts address two seoparate situations. First they address the law as applied to developers who are estabklishing a new condominium community. But the other part of these Acts addresses the laws which all condo associations in that state must adhere to. It is this part of these acts thast should be made available on the internet. 
 
There can be very severe penalties imposed upon Boards and their members for any action they foster which violates these laws. Yes I know most by laws hold the Board harmless but that phrase has no legal standing when violation of the law is involved.

A section on best practices with examples if possible.

Would like more information about people who portray themselves as community property managers. There are many incompetent people who are in this profession. I want to know what should be in managerial contracts. What provisions and remedies are those for communities who hire incompetent and/or unethical managers. What states have found solutions such as licensing or registering these people.

Your best insurance is to first hire a large,well respected management company. Subject to approval of the Board, have this company provide your Chief Engineer and Building manager. Insist that the Chief Engineer hold an appropriate engineer license (even if the Condo Act in your state iomposes no such requirement) and that the Building Manager is a Certified Facilities Manager (CFM) 
 
If a community hires one their own and wind up with an unethical or incomopetent staff they have to recognize they are not competent to interview candidates and even less qualified to hire with no professional background checks etc etc. A good management company plays a vital role

Where in the state(Illinois) would you go to file a complaint when a Board or Management Company is doing illegal operations. ie holding a meeting/election without a quorum of Board Members. And many more issues.

I TOO WOULD LIKE TO KNOW WHERE TO FILE A COMPLAINT AGAINST A BOARD WHO IS NOT RUNNING OUR ASSOCIATION ACCORDING TO OUR BY-LAWS. I LIVE IN ILLINOIS TOO,

Put the following into your nrowser, "Illinois Condominium Act" rint out a copy and read it. This document and your Association ByLaws will answer your questions. You should also call your County Government and ask if they hav a cinsumer protection office that could mediate this problem fior you without you incuring legal expenses.

Call you Countyy Governemnt and ask if there is a consumer protection board in your county. Many States have such and tghey act as mediators in disputes such as you desdcribe. The normally have a set of forms for the complainant to file but also require that you attempt to offer some evidence you tried to settle the problem with your board. Usually a letter from you to the board which should close with the statement that if not resolve3d within nerxt two weeks that you shall proceed to take further action. Theb file your complaint. They will assign an investigator who will interview all parties concerned, Should resolution not be reached they would schedule a hearing on the matter.The Consumer Protection Board has no authority to impose penalties but if violation of the state law embodied in the Condo Act is involved the hold harmless clause protecting your Board as written in your by laws is breached and the Board may become legally liable for violation of State law.

State Specific Contect would be nice. 
 
Spell check would be a wonderful addition too!!!!!

I do not want this blog to become issues oriented. I thought we are trying to find out what kind of links should be addressed for various kinds of issues, not solutions to any particular issue, or b----- sessions about why your board, manager etc is or is not doing his job. 
 
 
 
Please lets talk about the links you want to be addressed. Thank you

I would like to see info on buying a condo unit in a new developement in Mass, especially where the developr goes bankrupt. Who then pays the condo fees for the unsold units? What happens to deposits held in escrow for pending sales?

Please post links to sites that are state-specific; ones that will help you whether you live in Florida or Oregon. Also, please post more things on reserve funds and reserve fund studies. There are new federal laws that affect borrowers and lenders re: condos and town homes, aren't there? If so, what are they, and how do they specify between a free-standing townhome and a common-walled condo?

Where can you file a complaint. Many counties have an Office of Consumer Protection. Go to Name of county).(State).com. Search for that office. If you find it then contact them for forms and instructions. If you do not find such an office call the office of your state's Secretary of State and ask for help.

You can forget about trying to get your state or county consumer protection for Very much. In Wisconsin they simply say you need a lawyer for any questions other than a phone number. They are not very much help short of sending you a comliant form with no instructions. 

How do you register a board for the condo with the Secretary of State.

find any state's condo law 
 
 
 
http://research.lawyers.com/State-Condominium-and-Unit-Property-Information.html

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