Commiunty Dues...
need help in getting info about commiunty dues. i own a condo in fl. i am in the process of trying to sell it. the value of the condo could be increased by some repairs to the outside. the property managment says it doesn't have enough money to make the repairs due to people in the community not paying their dues. (they have started putting leins on their condos,our dues have been paid). therefore, my point is this,it is not my problem and i feel the managment co. should have to keep the property up to par reguardless if they are getting their dues. are there any illegal matters that may pursure to help this along?
98farmer,
I hope you mistyped -- you really don't want to do anything illegal.
Condominium associations are mini-democracies. You elect a board of directors to manage the property, to approve a budget that covers the day to day operations of the association,
to do long term planning for scheduled maintenance and replacements, and,
to set dues where they need to be to keep the association solvent and to maintain a healthy replacement reserve fund
If in your opinion, the association board is not doing an adequate job, you can always volunteer to be on some of the committees that deal with the issues that concern you. You can always volunteer to serve on the board of directors, and perhaps vote some of the ineffective directors out of office.
If the management company needs money to take care of needed maintenance, they can always resort to a special assessment. You can not demand that the association spend money it does not have in the bank.
You can also attend the board meetings. Ask to be put on the agenda to discuss issues that concern you.
Placing liens on individual owner's units should be a positive indication, that the board is taking proactive steps to collect unpaid dues. After a certain period of time, if the collection efforts do not produce results, the association can always foreclose on their liens.
In my area, the associations do pursue foreclosure on their liens. There was one condo scheduled for foreclosure yesterday, with an association lien of $6300. Association liens are junior to mortgage notes, so this foreclosure was subject to the mortgage. For this particular property, the mortgage had been paid in full, and the bidding promised to be lively for this property. The day before the auction, the owner's son paid the lien in full and stopped the foreclosure. Foreclosure is not always the fastest way to collect unpaid dues, but it does seem to work.
I emphathize with your situation and frustration to receive upkeep on community cosmetics. However, you must realize that if the money just isn't there due to multiple other owners not paying their maintenance fee share, your Board is then indeed acting prudently in addressing trying to pay primary bills to keep the community solvent.
I agree with what Dave T. has advised you-- get to meetings, review the budget, see the monthly Treasurer's report. It will give you a dollar wise perspective on how much money each month is needed for just the basic services.
I served as our Condo Board President for a one-yr. term under extreme financial hardship and believe me, cosmetic work was out of the question and the Board had no other option but to cut to the bare bones for almost 2 years. Our main expenditure was for insurance premiums on liability and property damage. Eventually, the Board had to close the pool, no money for its maintenance.
So yes, go and see what the high end bills are. Volunteer to pull your weeds and your neighbors' if necessary.
Joan in Florida [ Edited by earl45 on Date 09/04/2003 ]
iam not looking trying to sue them, i just want to find out where i stand. i waould join the board but i live about 14hrs away. thats way i am going to sell.
thanks so much for the info,
98farmer
Hello 98farmer,
I would hold the HOA to what is written in the agreement, nothing more, nothing less. If it does not state in the agreement that, "all repairs and up grades are based on other home owners paying their fees", then I would take them to court. That is just business, and business is, is business.
Vern,
I am not sure this is a very practical solution.
Suppose you win a suit against your association board. What if the association's bylaws absolve director's from personal liability for conducting the business of the association? The association will have to cough up the money not only to pay any judgements against your board, but also the legal fees related to the case.
The association will have no recourse except to levy a special assessment against all the members -- yourself included. You will end up paying for the judgement you win.
iam not really sure how this got turned into me suing them....
i just wanted to know if i have any illegal grounds to stand to stand on. i guess to say, make them hold up to there part of the deal.
(REPEAT)
IAM NOT GOING TO SUE THEM......
98farmer,
At this point none of us participaing in this forum really knows what their "part of the deal" really is. Their "part of the deal" is clearly described in your condominium bylaws, most likely in a section called duties and responsibilities of the board.
Your association bylaws should also describe the remedies available to you (as a member of the association) if you find that your board is not performing their duties and responsibilities.
Only you can answer your own questions, and only after you review your association's bylaws.
Quote:
I agree with what Dave T. has advised you-- get to meetings, review the budget, see the monthly Treasurer's report...
I now own 2 properties and I definately feel like the Association is gouging me. They payment is $200/mo per property and a couple of years ago one of the board members ran off with all the money. The community pool is closed (indefinately) and we have no idea where the money is going. Admittedly we haven't gone to the meetings yet, but I was wondering what kind of information that I would have rights to view?
Thanks in Advance.