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ElizabethC3 (Indiana)
Posts: 21
Posted:
Our Board of Directors has selected a "Preferred Realtor" for owners to list their condos for resale. A Board member has obtained her realtor license and now is the exclusive agent for the "Preferred Realtor" at our building. She is the only person allowed to sit in the office to receive open house prospects. There is a huge sign at the corner of our gated high rise property with her phone number listed. The sign is generic but huge---"Condos for Sale or Lease Call for Info 812-555-5555" I have my condo listed with another, more experienced company and my agent must sit in her car to grab her "Open House" customers before they hit the office. I went to the office during Board member's open house time and asked for a copy of all the units for sale in the building. She told me she did not know how to use the computer but she had all the units and prices in her head. She proceeded to "tell" me what was for sale in the building. Bottom line is, my agent advertises and pays for open house ads, cannot sit in the office or lobby for customers, there are no flyers available in the office for all units for sale AND the only signage allowed on site has BOD phone number on it. Do we have a legitimate complaint? What can resale owners do to get some parity here?
HaroldS (Arizona)
Posts: 906
Posted:
Does your documents give your board the power to do this? If not, this is not something that falls under the "rules" power of the board. This is a decision that affects every owner's rights to market his property the best way possible. Who paid for that sign? Apparently she is relying on that sign to generate interest, while your realtor is actively promoting your unit. This needs to be challenged, legally if necessary. Good luck selling your unit.
What's next on their agenda? Which plumber you have to use? Where you can do your grocery shopping? Go to church? Buy a car? Harold
MikeS1
Posts: 668
Posted:
Eliz - Most Condo Docs (that I've seen) usually have some serious restrictions on signage. Most of the Condo HOAs won't even let you put a little sign in the window of the unit. What do your docs say about signage?

In addition, I feel that (for the Board to endorse one of their own Board members) that there is a serious breach of ethics here and conflict of interest as well. I think that any professional PM or Attorney would tell you the same. They are treading on thin ice, here.

How to resolve this is another question. I will be interested to see how you all resolve the problem here. You could always vote out the current Board, I suppose. I'll be following this post for sure.

JM2 (Oregon)
Posts: 439
Posted:
Elizabeth:

This whole arrangement "smells funny" (like a skunk) at best. I wonder what your state's Realtor's Board (or whatever organization or state licensing body) would say if they heard about this? - it might be worth an "anonymous" phone call to check it out.

I don't beleive that any Board Member should be profiting from their position. If this person were not a board member and requested this designation from the Board, how would they have responded? Also, beyond a possible conflict of interest as a board member, how was this proposed to the Board, and by whom?

It seems unethical. It's one thing for the developer to have someone selling units initially, but this seems totally different from that. You might want to ask your real estate agent about the professional ethics involved.

Also, for a test, you might have a friend go in and ask about units for sale, to see if yours gets mentioned?

Good luck on this.

J. Patrick Moore, CMCA
Compliance Coordinator
Forest Heights Homeowners Association
Portland, Oregon
ElizabethC3 (Indiana)
Posts: 21
Posted:
When the developer had units for sale, naturally we had to abide by his advantage of having the sales office and the signage. Well, there was a transition alright, he's gone, the sales office transferred to the "Preferred Realtor" and the Board member has exclusive access to the association front office. We are trapped into listing with the inexperienced new realtor (Board Member) or trying to crash the front door with our selected realtor. Tough luck if you don't go with them. It's a scam, no doubt about it. People are finally waking up to the fact that there are selective units being shown and sold. My realtor just kisses up to them hoping to get a referral, that hasn't happened yet. The Board voted on which Realtor would have "preferred status" claiming we can't have realtors crawling all over the place on Sundays. Well, I say if my realtor can't be in there then she shouldn't be there either. I will keep you posted, owners are organizing and seeking advice on where to go with this. Our Board meetings have never been open, we are just told what to do.
MikeS1
Posts: 668
Posted:
Board Meetings are not open? Is this legal in your state?
ElizabethC3 (Indiana)
Posts: 21
Posted:
Our turnover of control happened in April, 2004. We have the annual meeting, that's it. BOD meetings are air tight and we are locked out. Can't even get answers or a meeting with our "Problems and Resolutions Committee". Everything complaint goes into the "Drop Box", it is screened by the Community Director and then the president declares each problem as "petty"--period!
The last annual meeting opened a lot of member's eyes and they are seeing our property values going down the tube with each new listing sitting idle with the selected "Preferred Realtor". It's starting to hurt more and more owners who need to sell. They are starting to look around and see that their neighbor's unit sold for less than what they paid and guess who bought them? The last three units were bought by- The President, The President, and the President and Community Director in a partnership. Ain't that just cozy and a little strange? The units just don't seem to sell with the inexperienced "Preferred Realtor" BOD who has exclusive rights to open house and signage. She doesn't even have a clue that she is being "used". They just languish on the market until the President comes to save the day and take it off your hands.
We are organizing to call a Special Meeting to oust the Board, bring in a management company and escort the Community Director out the door. I will keep you posted.
PaulH3 (Connecticut)
Posts: 29
Posted:
I hope that you have a lot of time to spend on getting this resolved. It is going to require that you investigate and document everything that has occurred. Anecdotal information is not going to cut it here.

Also, you may not be in the best position to initiate action. I believe your first step should be to contact prior homeowners that have sold their units through the “Preferred Realtor”. If they can substantiate that their units were not properly marketed or shown, the realtor could be found negligent in performing their fiduciary duty to the seller to bring all and ultimately, the best offer for their units. Here, in Connecticut, that could result in civil action, revocation of licenses, and possibly criminal charges based upon the particulars of the situation. However, it would require the seller to file complaints with the Department of Consumer Protection and the State's Attorney General.

Now, to go to the next step, if there was collusion among parties that controlled the Association to limit showings and artificially limit prices so they could personally benefit, you are talking about a significant criminal activity. Again, you need to document and present facts, not speculation.
ElizabethC3 (Indiana)
Posts: 21
Posted:
You are absolutely correct. The major problem is that people are not inclined to be confrontational in areas that they are not sure of. I always remind myself that people are taken in by pigeon drop schemes and pyramid investments-it happens every day, people give the opportunist the key to their bank account and it comes in many forms and shapes and they can be at your own front door. Associations with large budgets are being raided just like any other company more and more every day. Luckily, most of the time, there is slip up when they becomes so blantant and arrogant that even the quiet ones will finally speak up.
We are researching deeds and property exchanges, past listing agreements and treads in the market. The pattern of who, what and how it happened is slapping us in the face. Owners generally would like to think that their Board of Directors is taking care of their best interest but when there is a Board that will not become transparent with their actions and decisions, then it's time to take action. We'll see where this goes, we are stepping lightly until the facts and statistics are compiled.
JM2 (Oregon)
Posts: 439
Posted:
Elizabeth:

Your documents or the state statutes may enable you to get copies of board meeting minutes. If so, request them! Also, check to see if your state laws or documents require open meetings, notice of meetings, etc. - if that is the case and adequate notice has not been sent, it may be possible to challenge any decision that was made at a meeting that did not meet requirements - which could include the decision to grant preferred realtor status.

It doesn't seem that hard to have realtors come into the building to show units or hold an open house. I would recommend that you talk to a local management company and see how they would handle the situation.

J. Patrick Moore, CMCA
ElizabethC3 (Indiana)
Posts: 21
Posted:
We're working on it. Thanks for the input.
ElizabethC3 (Indiana)
Posts: 21
Posted:
Concerning inquiry about open meetings. They are still closed. Here is my latest email correspondence with the President of our HOA, you draw your own conclusions about how our HOA is run--we write to the secretary--they discuss it--then they dismiss it based on president's recommendation and it's over--any info you receive about the issue is reflected in the minutes allright--maybe one line that might state--issue discussed--motion was made but did not pass.

Quoting Betty Cantrell :

So, when is the Feb. Board meeting? I would like to sit in on it and
listen to the association business at hand. Could you tell me the
time and place?

On Feb 15, 2007, at 12:59 AM, kzipperle@: wrote:

The meeting is on the 22nd. Location TBD. As each new seated Board does, we reviewed our meeting protocols in January to decide if any changes should be made. No changes were adopted. As before, Board meetings will not be open to homeowners at large. If you have a specific request/issue, please put it in writing to the Secretary through the Board letter drop box.

The minutes from the January meeting will reflect the above. Thanks for asking. KZ

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