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Condo Board Difficulty

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  • Avatar jac123 
    Participant
    Status: Physician
    Posts: 2
    Joined: 03/11/2019

    Having issues with a  commercial condo-board that I am a member of.  Unfortunately, I work there so leaving is not currently an option.  There are 3 units and always a vote 2-1 so everything passes over my objections which are not listed in the minutes.  I  am a director of the board yet told by the 2 other board members (Pres/Treasurer) and (Sec./Vice President) that minutes will not record my objections, motions etc and not to request them as such.

    There is a lack of transparency.  The invoices that I have seen are sometimes written in different corporate names, that they own or missing portions.  I am not given access to contracts.

    There is a constant push or vote over my objections to make me pay 1/2 of expenses when I own 25%.

    Special assessments (which should be tied to specific expenses) are passed and paid are removed from the records and made to general assessments after paid. I have the accountant know to no avail.

    Frequently, over my objection use condo attorney to try to remove my rights, by raising my assessments.

    Any Suggestions?

    #197504 Reply
    ENT Doc ENT Doc 
    Participant
    Status: Physician
    Posts: 2675
    Joined: 01/14/2017

    Lawyer up

    #197529 Reply
    Avatar DCdoc 
    Participant
    Status: Physician
    Posts: 326
    Joined: 06/14/2016

    You aren’t going to get any better advice here than what ent doc suggests. You need a lawyer to review the HOS bylaws and determine your options. They bid work to contractors in which they have financial interests?

    #197531 Reply
    Liked by snowcanyon
    White.Beard.Doc White.Beard.Doc 
    Participant
    Status: Physician
    Posts: 679
    Joined: 02/06/2016

    Wow, this sounds like a very difficult situation and a recipe for a huge mess financially.  It sounds like you are being taken advantage of and treated unfairly.  If you end up having to sue the condo association, everyone loses.  Can you talk to the other board members to resolve things in a collegial fashion?  A law suit is the absolute last resort.  The lawyers will win with lots of fees, and all of you will lose, no matter the outcome.

    #197532 Reply
    Liked by Tim
    Avatar ZZZ 
    Participant
    Status: Spouse
    Posts: 292
    Joined: 06/18/2018

    Lawyer

    #197596 Reply
    Liked by Zaphod, snowcanyon
    Avatar Tim 
    Participant
    Status: Accountant
    Posts: 1419
    Joined: 09/18/2018

    How can yo owe 25% in a 3 unit HOA?
    Why can’t you leave? Because you “work there”? Does that me a “home office” or is there an office condo”

    I’m curious how 50% was used instead of 100%?
    My point is simply your sense of “fairness” or interpretation of the bylaws are drastically different from the other two. Reread your bylaws and put yourself in their place. Is there anything “illegal “.
    Not maybe or fair, simply illegal. Things like “proportional” of what? Square footage or frontage space? If you don’t have documented proof, you choices are limited by your states HOA laws. By far, knowing the laws and amicably requesting compliance is preferable.
    You didn’t mention the amounts involved. Next bill that is large enough, consult an attorney. The approach is to either respond in writing for a corrected bill or to simply included a check for the corrected amount.
    Long term, get it fixed or move. Two against one ? What did you expect?
    Good luck.

    #197628 Reply
    Avatar jac123 
    Participant
    Status: Physician
    Posts: 2
    Joined: 03/11/2019

    The units are 3 different sizes. Ours 25%, Second 20%, and 3rd is 55% from bylaws share based on the square footage.  It is an Office Condo.

    #197633 Reply
    Avatar Tim 
    Participant
    Status: Accountant
    Posts: 1419
    Joined: 09/18/2018

    Consult an attorney, then simply agree to pay your share. That’s not a lawsuit. Make them file. Use your attorney defensively.

    #197636 Reply
    Liked by Zaphod
    MPMD MPMD 
    Participant
    Status: Physician
    Posts: 1967
    Joined: 05/01/2017

    If someone asked me to pay 50% of a bill I owed 25% of I would simply not respond to them.

    You’re going to have to get out of this.

    File your own minutes and record the meetings on your phone. If you are required to notify them that you are recording them then do so. After meetings send follow up emails with honest reflections of what was discussed.

    #197659 Reply
    Avatar Kamban 
    Participant
    Status: Physician
    Posts: 2059
    Joined: 08/01/2016

    Find out how this is set up. S corp or LLC or what. There should be minutes of the meeting. If I were you I would calmly state that I would pay only 25% and would like to see all invoices and would consult an attorney.

    Many of these bullies would become wimps once they receive a letter from your attorney. Negotiating further or pleading with them would not produce much results.

    #197662 Reply
    Liked by Zaphod
    birddog birddog 
    Participant
    Status: Physician
    Posts: 21
    Joined: 02/05/2019

    Another vote for lawyer

    #197667 Reply
    Liked by Zaphod
    Zaphod Zaphod 
    Participant
    Status: Physician, Small Business Owner
    Posts: 5396
    Joined: 01/12/2016

    Agree. Would lawyer up stat. These guys arent taking you seriously at all and may be taking you. At the very least present your case to the lawyer and they can be an objective third party to tell you whether or not theres anything there or you’ve just got to take it.

    #197670 Reply
    Liked by Lordosis

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