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Property manager lied about condo building's state of health

  
  
  
  
  
I told the mortgage officer that my condo slab was fixed in 2007 because it had a crack. They want a statement from the engineer stating the problem has been fixed and the entire building is structurally sound not just my unit. The property management company sent them an email stating: “we have no current or past indications the building has any structural deficiencies.” This is a lie! They even made a $100 assessment to pay for the repair to the crack in my slab. I have been fighting them for 8 years to resolve this issue. I believe this was no accident. Why would they lie to the mortgage officer? Is this fraud? What should I do? How can I make them correct this?
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Comments

The management agent (company) acts on behalf of the board. If the board is of the opinion that there is no structural deficiencies. Concrete cracks, including slabs. A repair one way or another does not indicate a deficiency nor does it indicate that there is no definiency, so while you may not agree that does not mean it is a lie. That being said, your options are to ask the association to have a structural engineer assess the structure. IF they do not, your options may be to pay for it yourself and then seek relief against the association, which I usually recommend as a last resort. Unless you yourself are a structural engineer, I would stay away from opinion or statements that people are lying. In working with engineers for associations, both structural and civil, I have found that rarely does a crack indicate a structural problem.
Posted @ Tuesday, January 18, 2011 8:26 AM by Joe Schuirmann
As an engineer working in the condo sector, I'd be interested in the verbiage that mortgage company used when they asked the question of the "the entire building being structurally sound". 
 
Thanks!
Posted @ Tuesday, January 18, 2011 8:28 AM by Jeffrey D. Block, P.E.
I meant to say "If the board is of the opinion that there is no structural definicies, that is what the agent is to report, no matter their opinion." 
 
I would also recommend that you put your request in writing to the board, stating your concerns without accusing anyone of anything - just express your concerns and ask why they are of the opinon that there are no deficiencies. They may have had a contractor or other professional provide an assessment you don't know about.
Posted @ Tuesday, January 18, 2011 8:30 AM by Joe Schuirmann
I don't understand what you are seeking to gain in this matter. 
 
For a moment, lets assume the worst...the Association stretched the truth. Who would benefit from them doing so?  
 
If you are speaking to a mortgage officer to refinance, in this situation, I would say you would have benefited in the matter. 
 
Your mortgage company has relied upon the representations of the Association to create a contract with you. Future purchasers would rely upon the representations as well, and if those representations were false I believe your title insurance would offer protection.
Posted @ Tuesday, January 18, 2011 9:27 AM by Joyce @ thecondocommando.com
It seems you simply had a crack in the slab, your management assessed you to repair it. This doesn't mean the building or your unit is structurally unsound, concrete slabs do crack sometimes. Your management supported your position, if your mortgage company wants more, then as you management company via your Board to have them put it in writing and resolve this. Why 8 years???? What's that about, you say the crack was repaired in 2007.
Posted @ Tuesday, January 18, 2011 12:33 PM by cebo
Any suggestions regarding an honest vote count on BOD elections? Currently, the building manager and a resident count the votes. Some suspect the manager sways the vote in the direction that he likes. Our Bod never take the residents side when the manager is in the wrong, i.e., lies, violates confidentiality.
Posted @ Monday, January 09, 2012 7:26 AM by virginia
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