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Condo associations with foreclosed units are going out of business

  
  
  
  
  

Prior to July 2007 to voluntarily terminate a condo association required 100% vote of owners.  The law changed to now require only 80% vote to start termination which continues unless 10% of vote objects. This is now being applied retroactively & means that a big business bulk buyer can relatively easily force unit owners not in foreclosure or upside down on their mortgage to sell their units at rock bottom prices. They work with banks on mortgage forgiveness which is attractive to some. How did this law get passed? Were there objections to it? What can be done to prevent profiteering bulk buyers forcing unit owners to sell at rock bottom prices then aquiring all the units & turning the complex into apartments which are currently valued at 2-3 times the price of distressed condos? This has already happened in Orlando & Tampa (Arbors at Branch Creek , & is starting to happen at Lansbrook Village in Pinellas). How can unit owners who purchased their units prior to the law change be forced to sell under the new 80/10% rule?  They purchased under the old 100% vote law.

Comments

I guess this is what it comes to when people can't figure out that the dues are too high. I can only hope that the bully board members get to suffer the consequences of their actions. 
 
I'm sure if enough of you were to work together you could stop this from happening.  
 
It doesnt take a lot of money to hold a case in court for years. the big money may walk away by then.
Posted @ Wednesday, January 04, 2012 8:15 AM by Mike
At some point Board members are going to need to stop playing brain dead and deal with delinquent owners when they first become delinquent. And managing agents are gong to need to stop supporting incompetent Board members in order to keep their job and get paid.
Posted @ Thursday, January 05, 2012 9:36 AM by Lynn
Regarding the first two comments to the original poster's question: 
 
Mike; why do you assume the "bully" board members are making dues too high? The original question appeared to want more information about people being forced to sell lower than market and the new laws that permit the practice. The OP did state "terminate the condo association" and not the condo board members. If your dues are too high I assume that you are attending budget meetings and trying to save the property money by volunteering for minor chores. 
 
Lynn: I agree that some boards may be "brain dead" in their collection practices but our board is aggressive in their dealing with dead beats (not to be confused with those who are truly affected by the bad economy). Despite our best efforts, the state and federal laws permit these people to remain in their unit for up to a year after foreclosure while the other home owners get to absorb their share of the common expenses. 
 
I think the original poster would like to get more information about why condo associations are treated like their reserves also exist to cover bad debt. The law is cracking down on associations that are under-reserved but giving no relief to the associations that are carrying high bad debt from homeowners who know how to work the system. 
 
Posted @ Thursday, January 05, 2012 2:35 PM by Renee
I have a mixed use condo in a mixed use commercial building. It's a basement unit, approx. 2500 square feet with low ceilings and pipes and foundation support pillars which take up a portion of the square footage. It can only be used as commercial space. I purchased this condo at a good price with low maintenance. My problem is 5 years later the maintenance has gone up over 50% with numerous special assessments added on to it. There are 21 other units in the building (smaller in size, 1500 square feet) that are residential with kitchens and baths. My maintenance is the highest in the building and I feel that it is the least desirable space without a kitchen or running water. The bathroom is in the hall used by the whole building. I was wondering if I have any legal recourse in lowering my maintenance. Has anyone had a similar problem.
Posted @ Thursday, January 05, 2012 9:19 PM by John Smith
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