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Should condo association offset rising fees with special assessments?

  
  
  
  
  

We live in a largely populated elderly condo community. The board and property manager insist on only using email to send minutes of meetings. I am wondering if this is something even legal, as some without the use of a computer are kept out of the dark. I asked property manager if I could post their minutes which I received by email on condo unit bulletin board. They said, no. In addition, beginning this January, condo fees raised by $17, then each year after, raised 5% for 5 years, ending with a condo payment for $380/mo. I realize they have a large project, asphalting all driveways and partial road, but, would it not make more sense to send all unit owners a special assessment each year, thus avoiding the continued condo fee of $380/mo after 5 years. I am very concerned about the elderly living here and their finances. We, as unit owners were not aware of any of this until recently receiving an email notice currently. Is there some way we, as unit could protest their method and implement the special assessment instead?

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Comments

It surely sounds like the community has financial issues. Call the property manager and tell them you want to see the yearly audit. It is your right to see the financials of the community.  
 
What state are you in?
Posted @ Monday, November 29, 2010 8:22 AM by Victor
Download your state's Condominium Act and also refer to yopur by laws. You shoulkd find the answer to your questions therein. To get state law 
 
 
 
enter "name of state"@condominium act. 
 
 
 
EDnying copy of board minutes to unit owners nis obviously wrong and perhaps even illegal.
Posted @ Monday, November 29, 2010 8:40 AM by Charles Adler
what can be done, when a property manager places a name on the Ballot, without the persons permission to do so, also asking another person to place her name on the Ballot.I realize we can fire the manager, but that is out of the question,for another year.
Posted @ Monday, November 29, 2010 8:48 AM by Allene
If your bylaws permit-fine that individual $500
Posted @ Monday, November 29, 2010 10:03 AM by Charles Adler
We email the minutes to everyone. Those without email are provided hard copies. Everyone seems satisfied with this. This allows for dissemination of the minutes much faster and is better for the environment; plus it conserves paper at a cost savings to the owners. Either way, everyone should receive a copy of the meeting minutes.
Posted @ Monday, November 29, 2010 10:56 AM by c
Allene why is it out of the question to fire the manager? Look for another manager ASAP then fire this one!
Posted @ Monday, November 29, 2010 11:19 AM by Victor
At least you get the minutes of the meetings. Since 1987 there has not been 1 (I say one)copy of the minutes, except for the last 5 years and they come from myself and I am not even on the board. 
 
Be happy you get it in your email. And for those that don't have computer, make it known that you can furnish a copy to them......All you have to do is print it out and charge them a small fee for your ink. Problem solved. But I will almost bet those that don't have a computer don't really care.
Posted @ Monday, November 29, 2010 11:28 AM by s
I am the original writer of this..."Should condo association offset..." 
 
 
 
to continue..Annual Meeting in Sept 2010. Apparently 'they', board and property mgmt co, discussed this at the time. I currently asked property mgt rep for minutes of Sept 2010 Annual minutes. He said,"they are NOT available nor approved until Sept. 2011 Annual meeting." If this is the case, how can "they" implement 
 
this condo fee five year plan w/out approval? I have requested an audit from property mgt co. (we're not in huge financial woes, 
 
yet, don't trust this mgt co at ALL!)In addition, did get the budget from last year as well as projected 2011 budget. I have some real questions, though, and am requesting 2010 accountability in some areas. 
 
 
 
I will contact NH for Condo info. 
 
as well as gleaning more info from the Condo Act. I have continued to read and re-read the declarations and bylaws of this condo property of 144 units. 
 
 
 
Property mgt is sleazy to say the least..They manage many properties in NH and their reviews on-line are horrid. 
 
 
 
Any suggestions or legal advice would be great!  
 
 
 
p.s. I busted prop mgt already today on emailing minutes only. They are now sending notices out to others! 
 
 
 
Thank ALL of YOU for that sweet suggestion! 
 
 
 
Posted @ Monday, November 29, 2010 3:21 PM by M. Willette
Strongly suggest your Board advertise and award the management contract no less than every two years. Also carefully select only those services that you wish to have supplied. Following this path will save you big bucks especially in this economic downturn
Posted @ Monday, November 29, 2010 3:49 PM by Charles Adler
Wolf what about reserves for boilers, air conditioners, electrical system, elevators and many oither capital items that have gboth maintenance costs and replacement costs associated with these facilitiesd?? Maintenance and replacement are seoparate items. Maintenance is an l;ine item in operating budget while replacement costs are a line item in the reserve account.
Posted @ Tuesday, November 30, 2010 9:36 AM by Charles Adler
Thank YOU, again, Guys! The board meeting is tomorrow night(Wed,12/1)Tho,been given only ltd.time at meeting will bring up Your points: the bids,cost of asphalt paving,defined end of condo fees, an audit,as board is a non-profit, (property mgt co isn't but truly feel mgt co is messing about with budget $)Also, Mr. Adler pls clarify to me, RE:"Strongly suggest your board, etc..not sure that I understand. If you can ALL, would so appreciate feedback, suggestions prior to meeting tomorrow night. 
 
Thank YOU, AGAIN, for all of your advice..Sincerely, MSW  
 
Posted @ Tuesday, November 30, 2010 4:14 PM by M. Willette
I would suggest that comments to an entry be limited to that specific subject. The various comments hereon cover several different and unrelated questions. Intermixing these comments makes it most difficult to reponds to a specific comment as a result.
Posted @ Tuesday, November 30, 2010 4:45 PM by Charles Adler
Dear Mr. Adler, I have taken your suggestions, as well as from others, and presented them to the board meeting the other night. I very much appreciated your advice and could use more advice since meeting. 
 
1.) Prpty Mgmt rep gave me a copy of 'replacement fund analysis' projected thru 2015,which includes re-asphalting entire condo areas. 
 
**Can this then come out of the reserve fund? Replacement/Reserve? 
 
2.)Discussed,fee increases yearly vs.special assessment. Prpty Mgt rep said easier for THEM to nail remiss condo fee owners than no increase in condo fees and a special assessment. Mr. Adler, could you explain why it is more difficult for prpty mgmt co to pursue 'special assessment' fee's than condo fee increases? 
 
3.) I asked for an audit knowing that the board is a non-profit. However, when presented,Prpty Mgt rep said and board agreed that the board has no copies of the audit and that I would have to come to prpty mgt company to see them. Mr. Adler, shouldn't the board have copies of the audit? By the way, I was told at the meeting, "they" have not put out bids yet for paving and will be presented at further board meetings. 
 
 
 
Many, many Thanks, Mr. Adler 
 
awaiting your replies. 
 
 
 
Sincerely, 
 
MSW..M. Willette  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Posted @ Friday, December 03, 2010 3:37 PM by M. Willette
please open this attacment and read. I've marked up parts to emphasize the ,ore important lessons you'll learn from this record. 
 
 
 
http://www.wvnorthface.info/nf/pg.php?&page_name=fiduciary
Posted @ Friday, December 03, 2010 5:25 PM by CVharles Adler
Wolf, I read the same over and over again..and tho, I know Mr. Adler was being very kind to send this link to me, being a 'newbie' at this sort of thing and referring the link to NH Condo Law, I am still very confused. Any points, Wolf, you could clarify for my above last posting, would be helpful as well. 
 
 
 
Many Thanks, 
 
MSW
Posted @ Monday, December 06, 2010 4:42 AM by Melinda Willette
Wolf--I uncovered the Northface case on another bliog dealing with condo issues. It has almost every problem you can have in such a living arrangement. There are many lessons to be learned from that disertation.
Posted @ Monday, December 06, 2010 9:34 AM by Charles Adler
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