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HOA inspector ruining sale due to high standards

My HOA has a design review inspector with ridiculously specific and subjective standards. He requires replacement, when a coat of paint would do.


Does short ceiling space count towards home's square footage?

Do ceilings in a unit have to be a certain height to be considered "living space" towards the calculation of square footage when diving condo fee expenses. Example: Neighbor has identical unit as mine but has a loft in which he had the ceilings built lower and claims it is not living space due to the height of the ceiling. Is this true and if so what is the maximum height that would make that area exempt from the square footage calculation? Also, re: common area. From what I understand a driveway is considered common area. Our garages and parking are on ground level with the units stacked 2nd floor is mine and 3rd floor is his. His parking is on the right outside of the building and mine in the middle. I have 2 spots if the driveway outside my garage. He has The same 2 but during construction added 2 more to the side of the building in which he has claimed are for his unit only. I understand common areas don't usually come into play while calculating association fees but if we are paying the same fee is he able to have twice the amount of parking then me and pay the same fee? I should mention parking is a premium on our block. Also,,I have always let this good to try to be neighborly but he is the Association President and has done some "illegal" things and disrespect me and my wife so I no longer feel an obligation to be neighborly. I, also don't want to strong arm him by taking his parking but I feel he is cheating the association with his fee calculations.

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Condo association arbitrarily imposes move-in/move-out fee on owners

My Husband and I bought our condo last June and always have been in full compliance with the rules and regulations and always pay our dues and special assessments on time. Recently, I got a job out of town and we had to move. So, we have rented out our unit. Our by-laws have NO restrictions on renting. We have included in our lease that the tenant must obey all rules and regulations and the CC&Rs. We have a small condominium. There are also no requirements that we have to notify the Board of Directors or the Condo Association that we have moved and are now renting.

One of the reasons we bought the condo was because it was a great deal and perfect for us. We knew one day, also, that we would use it as a rental income property. We never imagined and still never imagine that we will sell our condo. However, we just received a letter from the condo management company that we owe $300 in move in/out fees, which we received on June 2, and which is due on the 15th. I called and said that the due date is quite short and unconscionable, and we negotiated to have it moved to the end of the month. Second, I asked when these dues were voted on. I was emailed a copy of meeting minutes from a Board of Directors meeting back on December 13. Only two (out of 3) of the directors were in attendance of this meeting. The minutes are completely void of any factual basis for the imposition of $150 for move-out fee and $150 for move-in fee, in addition the minutes provide that if there is damage during the move-in/out then they could assess additional fines. I am perfectly happy to pay for any damage either my Husband or I cause or our tenant. I also do not have an issue with paying move-in/out fees.

My question and issue is that the board of directors voted on this fee, which is NOT a special assessment. To me, charging a move-in/out fee is a fundamental change in the CC&R's and By-laws and not within the authority of the board of directors to arbitrarily impose. Most of the folks living in our condo have been there since it was a condo (1979) and a few younger couples have moved in recently, including me. It seems that the board of directors is imposing this to be stingy and anti-renter, which I understand to an extent. Since moving in, only one other condo unit has had a renter, and she has been there for years from what I know. My renter currently has signed a 12-month lease. I performed a very thorough investigation in her credit, job status, and rental history, and she has a spotless record. My main question and issue is whether the Board of Directors (2 of 3, specifically) can arbitrarily impose a move-in/out fee that has no factual basis, and which is not owner-voted, and which is not a special assessment?


Owner sues condo association for insurance deductible

I am on the board of directors for our 45 unit condo association. We have a tenant that has sued the association for his insurance deductible when he had property stolen from his garage. His argument is that the association did not fix a lock on a common entry door (he jammed by the way) into his building and are therefore responsible for his loss. His garage door was unlocked in the common hallway and his overhead door to the outside was often open and unattended. Does he have a case?

Does anyone have a sample property management contract?

I am looking for a sample contract between the association and managing agent, to engage a new managing agent. Do you have sample contracts, preferably, in an editable format like word. If you do please send me the file or the url where I can download it.

Our condo manager also sells real estate. Conflict of interest?

Can the manager of our condo association also sell real estate? Isn't that a conflict of interest? She always denies that she is selling on our time, she says she does it on her lunch hour which is 1/2 hour, that is not possible to do business in a 1/2 hour.


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