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Posted By SamanthaS1 on 09/29/2008 8:43 PM
Hello all, I bought a condo 4 yrs. ago. Value = 26k. I tried to contact mgmt. Co. about repairs to sidewalk (common prop.) No ans. - no return reply. Couldn't find name of any board members. Finally, pres. Of board contacts me and tells me that there is no money available for repairs. Found out that mgmt. Co. Hadn't done much of anything for over five years that anyone could remember. Two months later our boiler malfunctions and plumber comes. Prob. Solved. He informs me it cost us 8k + for a 45min repair. Call mgmt. Co. And ask for financial statement. No answer-no return reply. Find out plumber is living with owner of mgmt. Co. Call pres. Of board and he tells me I'm not entitled to that info.
Spend following year researching master deed, by-laws, etc. Long story short, year 4, appraisal of condo now 16k. Pres./board is foreclosing on properties as owners move out. Squatters move in. I call homeowners meeting because we have no association or officers, pres./board has been on board for 23yrs. Board has 3 members (supposed to be 5). No vote on this, no minutes. If you don't agree with pres., he votes you out of board and puts someone else in place. No majority..
Mgmt. Co. Pays only the amount necessary to keep the utilities from being shut off, after utility company leaves us a cut off notice or shuts it off and comes back in a day or so to turn it back on. One month ago the homeowners created an association and elected officers. We poured over master deed, by-laws, etc. And determined we could replace board and look at other mgmt. Companies. Next day notices all over property that water will be cut off and we will have to vacate the premises.
Mgmt. Co. Sends hot check to water company. More notices. We hold a meeting and find as many owners as provided by tax office, deeds, etc. We notify all and vote to dismiss board and fire mgmt. Co. Notify all by cert. mail, 1st class, etc. We are making association the management co. Hurricane Ike visits. Holes in roof damage. Find out mgmt. Co. Has filed a claim for the full amount of claim from ins. Co. We've seen no one. Stop ins from drafting letter to bank on their behalf. They know we are new assoc. Board members come and tell homeowners on prop. That if they pay new assoc. They will shut off all utilities. We are paying them. I'm at my wits end and am told our only recourse is to sue them. Question how do we fight this without losing our homes in the process?
thank you all,
Sam
Samantha, as my momma used to say, "You've got a hard row to hoe." I'm afraid there are no magic answers to your dilemma. This is what comes from owner apathy and an entrenched BOD. I would consider contacting your local city/county officials for any help they can give. It's not really their bailiwick but with the election so close I guarantee they don't want to seem indifferent to your plight, especially if there are any seniors, minorities or handicapped H/O being taken advantage of.
Second, I would contact the media and make them aware of your situation, especially in conjunction with contacting the politicians. I normally do not encourage this but at this stage of the game you really don't have a lot to lose.
Third, if there is a college with a law school near you, I would contact some of the professors there to see if they would be interested in taking you on as a class project. You get free legal assistance; the students get real world experience. You could also try contacting the local Bar Association to see if you qualify for free assistance. The most they can do is say no.
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