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MichaelJ8 (Illinois)
Posts: 113
Posted:
I am trying to educate myself concerning condo aasociations. We will become our own association by September. I have read that if no one wants to be on the bod the courts can step in. We do have a peson willing to collect the dues and pay 3 bills a month. My question is, why are the courts involved and how do they find out? If this is a silly question then maybe somebody and delete it.

Thanks
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
why are the courts involved and how do they find out?


The court wont become involved until someone has a problem and seeks the legal system to solve the problem. It will come to light that your association has no BOD. At that time you will be asked to form a board of directors (BOD) or the court will appoint one to you at your cost.

By not having a BOD, regular meetings, etc, your digging your own grave. You wont be able to sell your home, especially with condos without a functioning HOA. Unless the buyer has cash the bank wont give anyone a loan.

Have fun.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Michael,

I suspect that you are following the proper process, becoming incorporated, filing for a tax id number, open a bank account, etc. etc..

Remember that typically an Association is a corporation and must follow corporate laws (if incorporated) as well as condo laws of the State. Make sure the Board takes the time to do a proper reserve study to determine what the annual assessments need to be. This way you can start the Association down the right road.

You didn't mention if you were running for the Board. By taking the time to educate yourself on the process you are demonstrating that you would be a great one to serve on the board.

Tim
MichaelJ8 (Illinois)
Posts: 113
Posted:
Thanks for your replies. I have been helping the developer for 2 years collecting the monthly fees and paying the monthly bills. Do i want to run for the board, I am not sure. Had i done more homework before buying the condo i am not sure i would have bought it. State laws, condo laws, Etc seems to be a little overwelming. Time will tell.
JohnB26 (South Carolina)
Posts: 1,569
Posted:
flee for your fiscal health
MichaelJ8 (Illinois)
Posts: 113
Posted:
Mr. JohnB26
Would you explain that statement, please
JonD1
Posts: 2,350
Posted:
Michael:

Deciding whether to commit yourself to a position on the Board is tough.

You may wish to do what's right for your property and the other owners but putting yourself in the line of fire may be a decision you later regret.

Sadly, many property owners today have little desire to do any more than complain, second guess and put forth little in the way of actual effort. They will look to you to do more, learn more, write more, provide more, cover more all for nothing while they go home each night without a care in the world or any thought as to what needs to be done for the property.

And if you think that others will feel the same sense of service in managing your property there is a good chance you will be greatly dissappointed. What's sad is the more you are willing to do the less others will help. What you see as needing to be done they will be blind to.

The other option is to let some power hungry fool who have never actually done anything in their lives, can't handle their own finances but now comes to belief THEY know how it all should be done. Then you can watch your property go broke, your property values go down the drain, and your investment sink while the do nothings brag about what they have done. Not a pretty picture.

Most properties have a tough time filling their Boards. And when filled some members do littel more than occupy a seat once a month. Do you think they know who they are these once a month Board members? Hardly, they think they are actually doing the job.

So I would suggest you consider your decision carefully. Look to see who is willing to work with you. What type of personalities you might be dealing with and give this some real thought before you jump in or out.

Either way good luck and I hope it turns out well for you.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
I think if no owners decide they want to run the HOA when the developer turns it over, the HOA can be turned over to most likely "Probate court". They will decide to have the owner's get a Management company or break up the HOA completely with owner's being independent of eachother. It's not too much unlike what happens to property when somebody dies and there's no one to take over the property. If our HOA decided to no longer be OWNER controlled, we had to hire a Management company to run it.

When you turn over it is important to CHANGE your documentation to REMOVE the Developer/Builder's company name. You may also have to adjust the voting structure. It's also an oportune time to tweak a few rules and make sure it allows for some future technology like solar panels/satellite dishes etc.. I also suggest looking over the amount of votes it takes to modify your documents and how many board members are required. You have to adjust for the possible future lack of interest. Such as having requirements of 10 BOD members or 90% majority votes. (We had this issue). May want to adjust this to like a manageable number of 5 BOD and 75% vote.

There's ALOT of things your going to have to go through in this transition. I'd strongly recommend getting a lawyer familiar with CONTRACTUAL/BUSINESS/CORPORATE law. A Real Estate attorney may sound right in theory but your dealing with corporate laws and contracts. It just happens to involve real estate.

Good luck and ask questions. You have a lot of knowledgeable people here who can help.

Former HOA President

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