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BrendaS2 (Massachusetts)
Posts: 2
Posted:
Hello everyone. I am new to Condo living realm and scared out of my mind. We just moved into (less than 1 year ago ) a standalone house one of 23 completed out of 28 total.
Here is what has happened so far…
-Developer had a meeting 2-26-08, he called the meeting to order with 13 units represented and asked that we approve these 5 people for the board. Somehow after much confusion we had a board, a box full of paperwork , the meeting was over and the Developer gone. Most people ran out of the room (Dancing with the stars was on) I was slow in picking up and leaving when I overheard the self appointed President of the board say first we need to raise the month condo fee to $200.00 and assess every unit $300.00 to build up the reserve (Developer says there is $6,000 in reserve). Then he scheduled a board meeting for the following Tuesday. That Tuesday 3-4-08 I called one of the board members who I thought appointed herself secretary and asked what time the meeting was and where. She informed me that I was not a board member and was not allowed to attend. Three days later I wrote a letter to all 5 members of the board (sent USPS signed receipt) asking for a time to review all previous records. My letter was answered by the board stating that no I would not be allowed access until after April 27 when the board would send out a letter to notify everyone of things and when they could be reviewed. I have since discovered that we do have an amendment to Massachusetts General law 183a section 23 Senate Bill 769 that says the meetings by the board of directors shall be available… I don’t know what to do next. We can’t afford to spend lots of money on a Lawyer, anger our neighbors, or get blindsided on April 27 with a budget and assessments that we know nothing about.
GeraldT4
Posts: 1,022
Posted:
BrendaS2,

First and foremost is for you to get a hold of your deed, and governing documents called a POS. or prospectus. Perhaps your closing attorney has a copy, or it should be on file with your county registry of deeds office. The POS should outline everything on election procedures, responsibilities of owners, responsibilities of the HOA BOD, responsibility of Developer while the community was under it's control and oversight.

You state you own a standalone house. Is your home called a "Villa" and detached where all the land around it is considered common area and maintained by a Condominium Association (COA)? Or do you own the land around it, do you have property. Sounds like you are living in an Homeowner's Association (HOA), not Condo. COA's have dwellings that are attached, either stacked units on top of each other, or attached side by side in clusters called buildings. So, for clarification, which one are you in, HOA, or COA?

In an HOA and COA fees are collected to cover the maintenance and replacement costs for what is called the Common Elements. These are things that every one has access to use freely, such as roadways, sidewalks, clubhouse, amenities, street lighting, etc. What are you currently paying, meaning you state $200.00 so what how much of increase is the President suggestion. Developer's often low-ball the budget to entice prospective buyers. Construction costs have risen substantially in the last 3 years so your maintenance fees may or may not be enough to adequately cover the budget.

I don't want to fuel your fire, but the Board cannot deny you access to review association records such as budgets, audits, minutes, agendas from meetings, that kind of stuff. Something of pending or very sensitive legal info may be off limits until resolved.

There are different kinds of Board of Director's (BOD) meetings. Some BOD's are only required to meet once a year for an Annual Meeting. Some meet much more frequently. Those that do may have closed Executive/Workshop meetings, and a monthly Open Meeting. In every association I know of, when a BOD votes the meeting must be duly noticed to the community with an agenda. Those are called Open Meetings of the BOD. No votes can occur behind closed doors in Exec/Wrkshp meetings. Not sure how it works in your state, or in your association. You're going to have to do some research on that.

Don't be scared, your headed in the right direction. But be prepared to save for a rainy day, get involved/volunteer to form a Financial Committee and get officially appointed by the Board to head that up. You've come to the right place and will get lots of help from HOATalk members.
PaulM (Pennsylvania)
Posts: 1,347
Posted:
BrendaS2: I suspect that you are in a new community-situation where the developer has now appointed a Developer-Board while he is in control of this
association. He (and his Board) will remain in control until a specific number of units are sold at which time a 'turnover' or transition will take place. The transition will be defined in your official documents, the CC&Rs.
These include the "Declaration" (the Declarant's declaration...as Developer, Builder...), and the "Bylaws" (the manner of governance w/restrictions and allowances stated).

You are not being left out of the loop more than any other resident. You need to understand the Developer has authority to appoint whomever he chooses to the Developer-Board and the Board members are privy to info which you are not as yet. You are going to have to be patient and glean what you can from communication promised to you and the rest of the membership after 4/27. Again, you need to realize it is the Developer's Board and the Developer who is in charge at this point. He can communicate to the membership or not communicate, as the documents dictate his role to be. Further, if the developer has contracted with a Property Mgmt. Company, be aware they are under contract to him on behalf of the association, and take their direction from him.

Not to paint too bleak a picture for you; the time will come when transition will take place and residents will be elected to the Exec. Board. Just hope the RE market picks up and buyers will choose to be unit owners in an Association just as we on this site have chosen.

You can learn more about a developer-controlled association by using the search bar on this site. Read, study, review, and continue to learn from your documents. Its the only way you will educate yourself during this time prior to the residents gaining control. The docs are your 'bible', so to speak, of how your association will be managed and governed. Good Luck!

HaroldS (Arizona)
Posts: 906
Posted:
With 23 completed out of 28, (82%) I got the impression this was a transition meeting since after the board was elected Brenda said: "we had a board, a box full of paperwork and the developer left." Also with these new board members throwing around a dues increase and a special assessment. Doesn't sound like declarant control to me.
AnnaD2 (Florida)
Posts: 960
Posted:
Brenda, I APPLAUDE you for getting involved NOW!!! This will be your life for a very long time to come. Too many people buy into an Association blindly. The posters here will give you the BEST possible advise. It can get very, very complicated. But please know you're not alone. You found the best website around for advise, direction and intelligent input. The people here are very concerned with all aspects of Association living. Don't ever be afraid to ask a question on this site.

I'm not answering your questions but I want you to feel confident that your questions are not going to be ignored here. I have a feeling that one day (in the not so distant future) we'll be reading that YOU'RE running for the board; the people on this site will hold your hand every step of the way! They've helped me more than anyone else has done.

Take a deep breath, hold your ground and WELCOME to HOATALK.

Anna---Florida
GlenL (Ohio)
Posts: 5,491
Posted:
Paul and Gerald, she said: a standalone house one of 23 completed out of 28 total. That is more than 75% sounds like that may have been the transitional meeting.

Studies show that 5 out of 4 people have problems with fractions
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Brenda,
I think somehow the importance of networking with your fellow owners has been left out. It is extremely important for you to have support and to that end, you must prove yourself. You have been there a year, now out of the blue, you are scared of what you imagine. Talk to your neighbors, have them over for coffee. Pick up information here and there. The court house is a good suggestion, you must have Board members names and addresses, if not look them up on line at your local courthouse. There is many places to get information, you just need to become part of the association and not standing out side. I have no idea at this time to even speculate what you will find out, but you need this power that information conveys.

It will take a while, it will be hard and you will at times be absolutely discouraged andd want to move, but insstead just move on to the next question, stay in the game and be rewarded with knowing you gave it an honest shop.

Keep posting, you really don't know enough yet to ask the right questions.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Sounds like she is worried about an increase in dues AND an special assessment to initially build a reserve fund.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
SusanW1 1/2,

What do your documents say about special assessments? Ours read special assessment are to be used to meet expenses when the Dues Assessment are predicted to not meet the dues assessment expenses.

We have had a special assessment for the last 7 years, and they are now calling this a Capital Assessment. Now this year they want to have another special assessment in addition to the one that has been running for seven years, they want to have another starting next month, with no expiration date, same as other one. They will both total around $1000.00 for 65 five units. Total of 65K.

There is nothing in our documents that mentions a capital assessment, in fact if memory sewrves it was first called and passed as a Special assessment. Our past boards seem to strive and make things complicated and legally borderline, and there will be a complete change by next year but I meet the same resistance in getting them to watch what they are doing. The latest debacle is this special assessment business. Never has been any accounting of this special assessment other that some explanation that they collected around $450,000 for thia capital thing, have spent about this amount and now this is supposed to justify another special assessment that will last to 2014.

I am very concerned that this program already has them in fiduciary trouble and here's why. To pass a special assessmenr it takes a majority of the apportioned vote to pass. Since they always use proxys and actually suggest to our owners if the can't attend they assign their proxy to a board member and list the names of the board on the proxy instructionss. Of course the Board always can control any elections or voting on anyhing at the annual meeting, and they have done it for years.

Now, as far as dues (fees) are concerned, in order to have a quorum you need 66 2/3rds vote. This is a lot harder to get than fifty %, so I expect the reason for these continual special assessments is to be able to control the vote. Also our MD says the Board can on;y raise the dues the CPI for this area and anything else has to be by brought up to voite and requires 66 2/3 vote.

I have tried to tell them, if nothing else this practice could be taken as a way to control the vote systematically. I have told them to call a special meeting to amend our documents that allows for a 10% majority to reach quroum. Then you could do away with the proxys and all ballots would be secret and if people don't want to vote, then don't vote, just like a general election.

They think I am trying to cause trouble.

Forgive my long post.
PaulM (Pennsylvania)
Posts: 1,347
Posted:
RobertR1: As an FYI, and for what its worth, when we purchased in our association it was explained to us that banks or lenders will look seriously at the way the association's funds are being managed. They will especially look at whether special assessments are a common occurrence. If they are continually being levied against members, the bank/lender questions the fact that the Association is not able to manage the annual budget successfully. Better to raise the annual assessment fee by proof of increased expenses, than to levy a special assessment so often they become 'part of the plan' and routine. Might be something for your Board to consider.

GeraldT4
Posts: 1,022
Posted:
Quote:
Posted By GlenL on 03/22/2008 4:05 PM
Paul and Gerald, she said: a standalone house one of 23 completed out of 28 total. That is more than 75% sounds like that may have been the transitional meeting.

GlenL - Good point, but not sure why you are posting to me? I understood it to be a transitional meeting. The original post stated, "...we approve these 5 people..." My interest is why BrendaS2 calls it a Condo when she also writes it's a stand alone house.

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