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Condo owner tries to work hardship deal with board to address debt


Question:

I fell on hard times about two years ago and paid my condo fees and an assessment only when I was able for about a year or so. I've been living in the condo for the past 18 years and have always paid my bills until misfortune struck in 2008. The Board gave me a break until I was able to pay regularly. In December 2010, I was asked to make a proposal and I submitted such proposal, some $2500 per month to take care of the arrears (about $16,000) and the current fees and assessments. The management company, with the knowledge and approval of the Board which had changed a bit, took my checks for some three months and cashed it, when I received a letter from the condo board in March that my fees for 2011 would be accelerated because I was delinquent. At the March meeting, I asked how could this be? They asked for a proposal, I gave them one and, so far, $7500 to stay abreast of my debt and other charges. The Chair and two other Board members asked if I could maintain these payments. I told them it was difficult but I could do it. The chair then said these payments would work if you keep your part of the deal. The Board, having accepted my original proposal by conduct, now orally ratified it. While this was being done, there were statements from the Treasurer that attempted to deny my proposal and payments. The Treasurer stated that I never responded to the Board's request for a proposal, that I had not paid any money to discharge my fees or delinquencies, all blatant misrepresentations. The Treasurer had also placed a lien on my condo and filed suit against me. He attempted to have me sign a confession of judgment that would have allowed him to seize my apartment if I were one day late with my payment. The Treasurer then stated he had already filed a lawsuit against me and my family. The Board nonetheless continued to receive and cash my checks for the next three months, then I received notice that future checks should be delivered to the Board's lawyer as we await the trial. So far I have paid the Board over $30,000, to stay abreast of fees and pay off my debt. According to my proposal, I still owe the Board about $4000 from the debt. We'll be in court soon, because I plan to counterclaim for breach of contract, defamation (because the Treasurer besmirched my name at public meetings and publications, which has never been done before to any owner here), and damages. Am I unreasonable? What would you suggest?


Answers (23)

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