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Owner frustrated with condo association, considers walking away

Posted on Mon, Jan 17, 2011 @ 06:49 AM
  
  
  
  
  
Add to delicious  delicious  
  

The Condo laws in New York State are in favor of the Board Members. The judge will normally dismiss the case on the grounds that we elected these members and so the Board can do whatever they want! Unfortunately our Board isn't voted in because at elections, votes are not counted for something as a $25 parking ticket. This isn't in the by-laws but whenever I as a unit owner refer to the by-laws the Board just ignores them. We are supposed to vote on any capital improvement according to the by-laws but this isn't followed by the Board.

My problem is that our ceilings collapsed due to water damage and leakage. I went to the Building Code Enforcement who told me they couldn't do anything unless the actual roof collapsed. The Board collected two assessments totally over $500K. They hired a contractor who had no experience in roofing. Worse the Board sign a contract in which they accepted not to have a warranty. They also signed that neither the Board or individual owners could file a legal complaint against the contractor. Needless to say the roof was never fixed and the leaking has gotten worse and there seems no recourse from the Town of South Fallsburg.

Yesterday I was on the property when a tree almost hit me. The Board had sold our park trees to be logged but didn't take any safety precautions. When I contact the Board to ask if the company doing the logging was insured,the Board refused to answer any questions. We have been told that we can't have any transparency in the way of capital expenses or any budget. We are having our maintenance increased without warning. The Board says they will continue to increase the maintenance until they can cover their expenses and then go out and by a huge compactor and putting up an electric fence when we have 24 hour security!

My lawyer said there is nothing I can do except put my maintenance in escrow or walk away from my unit. The Board doesn't seem to care when owners walk away from the units even from a lack of maintenance point of view. The Board just put them on the market "as is" like foreclosures asks maybe $10K and soon there is a new sucker in the unit. I'm at my wits end! Why is walking away from my unit and losing my investment the only option I have due to this Board?

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Comments

Unbelievable. I suggest you need a new lawyer to advise you.
Posted @ Monday, January 17, 2011 7:38 AM by Scott
I really feel for you. I would suggest consulting with another attorney for a second opinion. In my state we have similar, horrible law favoring boards which deny owners their property rights. 
 
 
 
Now that the roof has been mishandled, will the town step in? The only recourse that I have had is filing complaints with the board of health. Is there another state or local agency to file with other than building code enforcement? I had no luck with the town building inspector but our board of health came through and forced repairs on the board. 
 
 
 
I have gotten to the point where I get no response from management or nasty replies from trustees most recently when there was no plowingfor hours after a major snow fall.  
 
 
 
Posted @ Monday, January 17, 2011 7:48 AM by CONDO HATER
I sure understand your problem,but your problem and mine as well, is the failure to elect competant and knowledgeable persons to run our condos,
Posted @ Monday, January 17, 2011 8:25 AM by bob gross
How many units are there in your Association? Have you talked to other owners? Think about consulting a lawyer. 
 
Look through http://www.ny.gov/ 
 
I did a search on the NY State Gov  
 
site using the key words 
"Condominium & community"  
hit the link and see if you find anything useful about condos. 
 
http://www.search.state.ny.us/search?sort=date:D:L:d1&output=xml_no_dtd&ie=UTF-8&oe=UTF-8&client=default_frontend&proxystylesheet=default_frontend&site=default_collection&q=Condominium+%26+community+Association+law 
 
 
 
 
Posted @ Monday, January 17, 2011 8:37 AM by Victor
It is hard to elect board members that know what they are doing. My husband is a builder and can not believe how little our board members understand about maintaining a building. They also have no idea how to handle the books, because t is not their own money. So to elect a new board does not mean you will end up with better results. You need to cnsult another attorney.
Posted @ Monday, January 17, 2011 8:48 AM by l
We have a similar situation in our building, not to the same extent, but the present board does not listen to other owners at all. I suggest getting together with other unit owners, calling a special meeting and removing the board. Be ready to elect a new board at the same meeting. Once the new board is in place, proceed by changing the management company. Chances are, you can remove the current one for cause given the circumstances. Things should improve from there. Walking away is too drastic a move, in my opinion, and your current lawyer does not sound very competent; definitely consult another attorney.
Posted @ Monday, January 17, 2011 9:28 AM by Dmitriy
download and rerad NY State Condominium Law 
 
 
 
"http://findarticles.com/p/articles/mi_qa3735/is_199901/ai_n8850034/"
Posted @ Monday, January 17, 2011 10:35 AM by Scott
It is extremely naive of condominium and HOA unit owners to assume that whomever they elect to their Boards of Governors have any experience or knowledge that would enable them to properly conduct the business of your association. There is a very simple cure for this wide spead situation. The Board should seek out a list of management companies who are licensed and bionded and servie the geographical area in which you are located. Interviewe at least 3 of them. They will all paint a glowing picture of their experience--GET REFERENCES. Check them out. Then make a list of services you want the selected company to provide to you. For example, Payroll, finance, reserve fund,etc etc. Then ask all those who impressed you at their interview to quote a price. Then choose your winner. Remember that company does what the board directs. A good management company should provide you with info on how to manage a meeting of the board etc in addition to providing the services you need. To operate without a professional management company is the height of irresponsibility on the part of the Board of Directors.Good condo or HOA management is not a mystery and to deny same to the unit owners should not be tolerated
Posted @ Monday, January 17, 2011 11:05 AM by Scott
In Florida all newly elected Board Memebers must either take a state approved educational course to quality for Board service or submit a written certifiaction to the Sec of the Assoc. The problem with this is how will the State know if Assoc. Boards abide by the law? I think every person who serves on the board should have read their condo by laws, as well as the States. We have people on our board who have not even opened the book.
Posted @ Monday, January 17, 2011 3:27 PM by AN
Do be careful about the escrow thing. In the state of Massachusetts that will not prevent the Board from being able to foreclose your property. If you wish to challenge their action, you cannot do so in the foreclosure hearing in Mass.. You have to initiate a separate action with attorney's fees ~ $40,000. 
 
I agree with another comment about Board members being ignorant as to maintenance of the property. Owning a condominium can be a nightmare and I wonder if this will go on. 
 
Good Luck. Do read the New York state condominium law and see if it offers some protection.
Posted @ Monday, January 17, 2011 8:31 PM by Elinor Stone
Elinor Storne is so correct. That is exactly the problemn in MA. Tenants can withold rent but condo owners have no right to withold condo fees. The state has a super lien that allows the association to steal your condo and sell it at publiuc auction. I am sitting here with thick ice on the door step of a common entrace and no response to my email requesting it be treated. I am disgusted with the dirty hallway, torn carpeting, filthy entry walls and am getting nothing for my fees which are very high. They fired the onsite super and ignore routine repairs. Yet, I can not withold condo fees. 
 
 
 
I want out but have not been able to sell even after substantialy lowering the price  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Posted @ Tuesday, January 18, 2011 3:58 AM by condo hater
If you say the contractor did not properly fix the roof, why not file a complaint with the State contractor licensing board (if your state has one).  
 
Based on my 30 years of contractor experience in multiple states, the comment that owners can not file a complaint is not enforceable. I believe a licensing board will not look favorably on a contractor who puts this in a contract. 
Posted @ Saturday, January 22, 2011 12:17 PM by Don
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