Condo Association Management Blog

Under what circumstances can a condo association deny a purchaser who buys in cash with no financing, can demonstrate far more than adequate income to handle maintenance payment and offers an escrow account to guarantee main pmts? The buyer is a recognized local and national figure, author of books, has no adverse public records nor criminal record but does have a recently happened impaired credit die to the financial collapse.

Suing the HOA is rarely a productive activity. Not only will you have to pay your leagl fees, you will also pay 1/24th of the fees incurred by your HOA to defend itself in your suit. If you win any kind of financial judgement, you will again pay 1/24th of it and how thrilled will your neighbors be to pay the rest? 
 
 
 
Rarely do CC&Rs deny a homeowner the right to vote because s/he is delinquent in paying their dues. 
 
 
 
You need to sit down and have a face-to-face discussion about these problems and how to resolve them. Although you believe you are doing the right thing, you are really destroying your community more than the board is.

The Board, (there were two positions open this year and two members of the discriminating board were voted out in this election) in this condominium, seems to use the common charges to pick and chose whose units they are willing to fix. The common charges are, according the By-Laws, to be used to fix all problems on the common grounds including roofs. Sections of my unit's roof soffits, aluminum trim, and roof decking were falling to the ground and the board refused to correct the problem. However, the VP of the board had the front of their unit redone with condo maintenance and assessments which were collected for a new sprinkler system. We now have no money for a sprinkler system. 75% of the votes cast were against the incumbent board members. The only way a homeowner who is not a board member has any repairs done in through the court system.

Nothing speaks to an association and its management like a demand letter or the following law suit. Larry couldnt be more wrong. Most cases never go to court but if it has to it has to. Letting corruption go unchecked only encourages more corruption. Clearly, 50%is on your side. It may be cheaper to buy the remaing votes you need than pay legal fees. Obtain 2/3 majority call a special meeting and conduct business. You can do almost anything with that much power.

Mike, my guess is that you have not taken an HOA matter to court. You have no idea of the judge's mindset - s/he may have a very different definition of "justice" and "fairness" than you do. The dollars involved to fight the matter usually far exceed the value received, assuming that you win. Our HOA fined an owner $500 because his tenant set three false fire alarms. The owner took the HOA to arbitration: our HOA paid $13,000 in legal fees and he paid more than $15,000. He refused to settle prior to the hearing. A real "lose-lose" for both sides. We raised our fees this year to cover this unbudgeted expense, and so he is also paying his proportional share of the $13,000 in addition to his $15,000. 
 
 
 
The original poster made no reference to attempting to meet in person with the board. Letters are fine, but nothing beats a face-to-face meeting. At least try to hold one. If they refuse to meet, then you can try other actions, but litigation is horribly expensive vis-a-vis the benefit received in these matters.

Larry, 
Perhaps you missed what was said in the original statement. This happened at the annual homeowners association meeting. I placed the election under protest. One of the board members (who is questionably not a homeowner & therefore not allowed to be a board member) & says she is a lawyer, stated that after perusing the By-Laws, she would e-mail the statute prohibiting the 2 perspective homeowners from being on the board. That was last Tues (2/15/11). We are all still waiting for that statute that she claims overrides the By-Laws.

You have 4 proxies plus your own vote this is 5 votes. Another owner is on your side with 8 votes including their own? this is 12 of 24 votes. Next you have 2 more votes if you were seconded. Sound like you have 14 votes already. 
If this is the case. All you need is 3 more votes and then you can call a special meeting. Get rid of any bad guys , including the management company. Hire another management company and tell them to fix your property. 
 
According to Larry, it is cheaper to buy the votes you need than to hire an attorney. It is good to try a face to face if you arent dealing with people who already have their minds set (like my hoa). 
 
Attorneys fees can get to 10's of thousands quickly. You are too close to having all the power you need to involve an attorney. 
 
good luck

Dale, if you want to be on your board you better know the Statutes that govern associations in your state. You don't have to wait for anyone else to show you or tell you anything. Laws are laws and I am pretty sure you can find NY Statutes and laws on the state website. You can easily find out whether or not the 8 unit owner who nominated you is in arrears. You can request the most recent delinquency report from your manager. Here in Florida condo unit owners who are delinquent for 90 days or more can be denied the right to vote. Your Bylaws may be silent about this small detail but NY Statutes may have a provision about this issue in which case it is possible that state Law trumps your governing documents. As far as your roof, this is something that has to be spelled out in your governing documents. Most condo associations nationwide are responsible for maintenance and repair of roofs. Your condo insurance policy probably cover it. Ask for a copy of your association insurance policies.

I'd sure like to hear the Board's side of this story. The way that the original person wrote this story it sounds as though the Board is out and out crooks and has no regard for any owner. This is usually not the case. Can you get the Board to write their side of your story?

Oh boy does that sound familiar! I say fire the management of move. I'm in the process of the latter option in my community. This will be the first and ONLY time I ever buy in a HOA like this...it's very undemocratic and repulsive to live in a community where most residents are unsatisfied with the managemnet company and nobody has the guts to do anything about it. I'm out...tired of fighting a lost cause. Good luck to you my dear!

Judging by the letters on this web site and my own, I doubt that condominium living has a future. Too much unresolved discontent on the part of owners.  
In my case, I can say that my condominium, 28 years old, never held a meeting until I called one when I moved in several years ago. I have tried on several occasions to review the financial books, but have never succeeded. I doubt they exist. One owner told me "they decided not to live as condominiums". What he really meant was that he did not want to pay for someone else's repairs. But when his unit needed repair, he went condominium big-time. For years now, they have refused to repair the cracked foundation under my unit with increasingly grave results. Spending thousands on a lawyer is not a practical course for me.  
Would appreciate knowing if "demand letter" is a legal term or a descriptive one.  
I live in Massachusetts which is not friendly to condominium owners to say the very least. 
Katherine

Dale, 
 
 
 
In theory, you cannot have a state law that overrides your CC&Rs because your documents are supposed to be reviewed by the appropriate state official prior to the developer receiving permission to sell condos in your development. You mentioned that this board member claims to be an attorney - have you checked with your state bar to verify this claim? Also, you question whether she is even an owner, hence eligible to serve on the board - have you checked property tax recors to determine if her name is listed on the property tax rolls?

The attorney for the condo is composing what the management called 'an opinion letter' to answer my questions as to voting eligibility for all concerned. Sounds as though there is no statute opposing any unit owner's voting. For the question of unit ownership, I and at least one other unit owner went on ACRIS and she does not own, her parents own. She was an owner until 11-2009 when, according to tax records, she sold the unit to them. When I mentioned this fact at the annual meeting, she threatened to pull all my credit reports, any criminal history, etc., etc. on a site used by lawyers. My personal attorney says that is a federal crime.

FVor Larry Davis. Federal law preempts state law and bylaws. Your statement is incorrect. In every state where I've dealt xonflicts between provisions ion that state's Condominium Act and the by laws of a particular condo association are always judged in faver of the state.

FVor Larry Davis. Federal law preempts state law and bylaws. Your statement is incorrect. In every state where I've dealt xonflicts between provisions ion that state's Condominium Act and the by laws of a particular condo association are always judged in faver of the state.

Dale, 
 
 
 
Your attorney is correct. No one has the legal right to access these records without your written permission. Even if she did have that right and discovered that you were a convicted felon with two DUIs and a credit score of 500, that doesn't prevent your right to vote and ask reasonable questions of the board! 
 
 
 
Her behavior makes me wonder whether or not she has something to hide from the rest of the membership. No one can possibly want to serve on an HOA board THAT badly! 
 
 
 
Scott, go back and read my previous comment again. I stated that your CC&Rs are supposed to be in compliance with state law. If they are not, then you need to revise them to comply with state law.

Why are you not asking your attorney thse questions?

I asked my attorney whatever questions that I can without actually having a consultation with him. Consultations cost $250.00 to start and then letters, actions, motions, etc. go from there up. My attorney will answer questions to a point and then tell me it's time to come in. I am not yet ready for the consultation. I am waiting for the 'opinion letter' from the condo's lawyer and the minutes that the board promised to deliver on the day after the meeting (Feb. 16).  
I looked up the lawyer on the board on the web, she is some sort of lawyer for a firm in Manhattan as Larry had recommended. How do I find out her speciality? 
She also promised, in front of the HOA that she would nullify the vote herself (solely she doesn't have the power) if she could not find a statute to disqualify myself and the woman with the 8 units. I guess she is not a person of her word.

Dale: it's obvious from what you have written that you need to use a lawyer and pay the money. You're over your head. Get a lawyer or get out.

In theory HOAs and Condominiums should be a wonderful way to live. But there are too many small minded people in the condos to allow a Board to run a condo or an HOA. Boards, on the other hand sometimes are run by petty dictators who cannot stand the slightest opposition to their way of doing things. Thus, even without being crooks, books are kept from the owners, words are exchanged instead of handshakes, and the world starts to fall apart.  
 
People of good will usually fail to control those of ill-will.  
 
Sociopaths can convince others to believe their views and follow them. Lies are told and believed. A circle of viciousness grows. The truth gets buried in the lies.  
 
People on the sidelines become revolted and discusted. They back away from the fight. The HOA is the real loser. People don't go to the pool because they don't want the confrontation that might occur. Cars get keyed. Worse.

If you are a senior or you have a low income you can get free legal. Check with your state or county offices.

Not under the Republicans. Free legal? That's communistic.

Isn't there a way to mediate this problem? Why can't owners and a Board get together and iron things out? Why does it come down to battles and lawyers and everyone being dissatisfied? Why are Condos places where fights occur instead of friendly conversations?

Seniors can get free legal from Elder Law. No Cost, no income guidelines either. They are in a lot of states. They will give you options to help you with an controling board. They also havea 1-800 number and call you back so it does not cost for a long call. There is also legal aide. Which is according to your income. But you check with them any how about the income. Sometimes it is higher income than you think. Good Luck everyone.

Aronson is right. People of good will lose out in these battles. 

My first encounter with the board was to ask about putting furniture on our patio. We wanted to follow the rules. I was told no I could not put somethings out and if I didn't like it sue them. I would be paying their attorney bills. I was then told I could not talk to certain people. This was by the president of the board. I was told that I would not get any work done around my unit. That the secretary and her husband the maintenance man hated this couple. I have talked to a lot of people here. Them included. Now I get no work done on my unit. I came to this condo with great intentions. These board members are bullies. They have the additude do as I say not as I do. Very sad condo cmplex. Most people keep to themself.

I am both a director and also a board member of a multi condo assoc..I'm in Florida and we need state laws to closely instruct and correct condo and POA boards. They are more nonsense than substance.