Condo Association Management Blog

You state that the condo association refused to paint the buildings--the association are the homeowners like yourself.the homeowners vote for a board of directors who are responsible to maintain the property 
 
seeking an attorney to sue is the last resource you want to do 
 
 
 
get the facts-if you have the money and it has been fourteen years you and other homeowners did to write via certified mail to the board and ask this business be on the agenda for the next board meeting--in florida anyone can tape record the meeting and when it is on the agenda, the outcome would be in the minutes--a very important process as this is proof that you and others have brought this to their attention 
 
the board members are usually homeowners themselves, so it does not seem correct to me why they would not want to repaint if the buildings are in such poor condition and there truly is enough money in the paint reserves 
 
i am on the board and this is a diffult time financially for homeowners so we need to maintain the property the best we can but are trying not to do a special assessment unless there is an urgent need 
 
again, the board works for the homeowners who composes "the association" 
 
if the board is NEGLIGENT THEN it may be time for the homeowners to do a recall and get board members who will work for the best of the communtiy  
 

I concur with "gracd's" comment

$220,000/120 units = 1,833.33 per unit. 
 
Maybe you should think about an ongoing program and paint 12 units per year. This way units would be repainted every 10 years. 
 
Working out a maintanence program to spread costs over several years might be to your advantage.

The problem with the community is that a large minority wants new siding and they want everyone else to pay for it. Also in the process they want to make my siding their siding. Meaning they are taking my property and making it theirs. 
We do plan to hold a hearing on the matter. Whether they will do it or not is the question. 
This board is a dictatorship. No one who disagrees with them gets on. "there is no new business at an annual meeting" according to them. They will cut off a member who is making a motion that has been seconded because they dont want to hear it. 
They tried to pass a bylaw proposal 2 years ago. I rallied the necessary votes , turned them in only to hear nothing. 3 months later they reissued the proposal and said 9 months later that it passed and they filed it. I forced them to show the ballots. They didnt have enough. 
Believe me, these people have no regard for rules. 
 
There is too much to tell. They have responsibility to paint i have docs from previous paint jobs and financial docs showing their intention to paint in 2005. They are banking money in an effort to get a loan for about 3 million over 20 yrs. 
What can i ask a judge for to help us?

Mike what state are you in?

Georgia

Mike have you talked to other owners? Have you read your bylaws?

I know my bylaws backwards and forwards and the declaration too. 
I am even familiar with state statutes concerning condo law. 
 
We have trouble finding people who will run for the board.  
 
Recalling the board will do no good. Too many people are brainwashed. Too many are scared. Few people want to get involved. This is a situation where two minorities are fighting. 
One side wants new siding. The other doesn't. The only thing that stops these people is that they can't get a majority. If you read above, they tried to _say_ that they had a majority and even filed new bylaws. I made them restore the old bylaws under threat of a law suit. 
 
In the mean time, the property is being held hostage. We need paint or else we will need new siding. 
 
We have too many delinqent payors to get a loan. We are banking a lot of money but not enough to buy siding with. Certainly enough to paint with though. 
 
I literally have them by the _BY-Laws_ and the Declaration and past documentation and plans that state their past plans to paint in 2005. They have the responsibility to paint but refuse to because they want new siding. 
 
What can I ask a judge to do to help us? 
 
All I want is for the association to _perform_ its duly charged duty. 
 

I'm from NJ and a 2/3 vote from the owners in good standings is what it takes to change the bylaws and to vote on something that needs to get done.  
 
I'm betting its the same in your state. An issue is brought up and the owners in good standing vote.  
 
Is this the case? It looks like it is and I'm just confirming. 
 
Vic 
 
Victor

mike-when you say this is a case of two minorities wanting different things, are you referring to the members of the board--ultimately they are the ones to vote 
 
in floridia, the statutes say there should be five board members if the bylaws are not specific on the number of members for the board 
 
we have an odd number according to our bylaws so it is possible to reach a majority vote 
 
we can also file a formal complaint to the state so they will investigate the situation-do you have the same in georgia 
 
you do not go to the judge directly, you seek counsel with an attorney, perhaps get several owners to do so and the board must then ask the association attorney for the legal answer and reply to you and the others 
 
at least you would be able to prove the many attemps you have done to solve the problem and would be evidence for the judge 
 
it is too bad that it would need to go too far because all the association attorney fees will need to be paid by the homeowners 
 
i too live in a condo where the same people come on the board, myself included because we cannot get candidates 
 
unfortunely, this does cause a problem 
 
i finally did file a formal complaint to the state regarding our roofs that were twenty years old and the board refused to do anything until they received the letter demanding that they had to start reroofing the buildings 
 
honestly, i would never buy into a condo again--

The board is controlled by the property manager and one unit owner who has about 40 other members completely snowed. These people want new siding so badly that they refuse to listen to any reason why we can't have it.  
They formed an illegal quorum in order to dump over 100k on refurbing the clubhouse. The owners in control got the project management job for themselves to the tune of 15% 
 
At the last board meeting, most of the 40 people there were in favor of letting the good ole boy have the job of project manager for every project. "We want a local". 
They didn't even care that he has no state license as an engineer or contractor. It's all legal and not considered self dealing if the board knows about the details and still votes for an issue. 
 
I contacted the attorney once. They charged me $40 for doing so. 
It didnt matter that there was no rule, no hearing and no record of them charging me the $40. The property manager controls that accountants and they wouldn't even give me a copy of any documentation without her approval. 
I had to pay or else no be able to use the pool and face further charges. 
 
34 members keep these people from getting the new bylaws that would allow the board to borrow unlimited amounts of money without our consent. Who would sign something like that without reading it? Almost everyone who signed it. Nobody told me that they actually read it. It's too long and too hard to read. Part of the reason they say that we need new bylaws is because they would be easier to read! 
 
I have tried to go to the secretary of state. Nobody knows where to send me.  
I've tried the police and the GBI. The county/state doesn't care about investigating us. 
 
The only thing I haven't done yet is report the property manager to the real estate board. She counted the votes that weren't there. 
 
Every time I catch them , they lie and say the attorney said they could do this or that or the other. It's a shell game. The board points to the property manager, the property manager blames the attorney. We're on our 3rd attorney in 3 years. 
 
We never get anything important in writing. We've figured that much out. We want everything in writing from now on. We've begun to watch the property managers doings in other properties. She did this big loan for another property 3 years ago and now they are screwed . I have a youtube link of a particularly good segment of angry members at an annual meeting. 
 
So, now that I've explained that nothing is going to change these peoples minds except a court order, can somebody please tell me what I might ask the court to order that might help my minority? 
I'm not asking for legal advice, I just need a shove or two in the right direction.

Lets start from the point that I can prove breach of fiduciary duty, lets assume we are at that point, no more talk about the board or other measures, none of that please. Assume that the judge has been satisfied with my evidence and wants to make an order in my favor. 
 
What can I ask the court to do? 
 
Can I ask the court to order the association to paint? Can there be a certain date set that they have to paint? 
 
Can I sue the association for money and paint the complex myself? 
 
Do I ask that the money be put into escrow soley for the purpose of painting? 
 
This is what I need to know.

You sound like a bigger version of what is going on in our Condo. We don't have the funds though , so a matter of how much to assess, 
 
I started out - now 6 years ago - saying we needed to do maintenance on our siding. ( a low quality cedar). Our owners only wanted it painted. I had bid after bid - nothing good enough - or rather cheap enough for the owners. My friend in a similiar condo with same siding that painted said the paint ruined the cedar and they eventually had to replace with siding at a huge expense to all the owners. After years of debating the paint - the siding has deteriorated to the point no reputable painter will paint without exptensive repear. So we are now looking at replacing the siding - and owners, who don't want to spend any money - are still debating just painting. In the meantime it's literally falling off the buildings. I'm hoping WA states new Reserve Study Law will help in my case. 
 
One thing I did do - and you might consider - is getting a few qualified contractors out to check out whether it's worth painting or come to the end of its life. Siding, while more expensive up front - may save in the long run. We are looking at the Hardie Board. It lasts up to 50 years and can come prepainted lots of options here.

If you get to court, what can be done? The court can appoint someone to "take over" the property. That's a somewhat drastic step, but it has been known to happen.  
 
Bad points. It will cost a lot of money to get to this point. Court is not cheap. You will need an attorney, that you are going to have to pay. It WILL increase your association fees because the association has to pay their attorney. A "new" management company/receiver/whatever is not going to work cheap.  
 
You as an individual are upset. Part of the problem is it doesn't seem like enough other owners are upset.  
 
If you can't get others to run for the Board, then obviously they think everything is OK. 
 
I joking suggested that when we sent out our Notice of Annual Meeting we mention we are considering doubling the dues! I thought at least that may get more people to come out.

Thanks for that last post. 
 
Money isn't a problem here. The community isn't it debt (yet). Not until these guys borrow us into 2-3 million. 
I think we can afford an appointee for a while, especially if it saves us from going into debt and ruining us. 
 
Many people are upset but its bascially 40 people against 30 people with 50 sitting on the sideline. 
The members don't want to do anything or they don't know who to believe. Truthfully I think they are just too lazy or disinterested. They would pay money not to get involved (and they will). They don't understand that this isn't small potatoes. Not even after our dues were jacked up $100 to bail us out of debt.  
The board is locked up. They've drunk the koolaid. New people have gotten on the board and it seems like something happens to them. They either decided to want what the board wants or they shut up and quit. 
I'm up against people who manipulate the law,laziness and ignorance. 
 
Thanks for the help