jac123ParticipantStatus: PhysicianPosts: 2Joined: 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?March 11, 2019 at 9:44 am MST #197504ENT DocParticipantStatus: PhysicianPosts: 3019Joined: 01/14/2017
Lawyer upDCdocParticipantStatus: PhysicianPosts: 404Joined: 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?White.Beard.DocParticipantStatus: PhysicianPosts: 748Joined: 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.ZZZParticipantStatus: SpousePosts: 425Joined: 06/18/2018
LawyerTimParticipantStatus: AccountantPosts: 2107Joined: 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.March 11, 2019 at 2:11 pm MST #197628jac123ParticipantStatus: PhysicianPosts: 2Joined: 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.March 11, 2019 at 2:29 pm MST #197633TimParticipantStatus: AccountantPosts: 2107Joined: 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.MPMDParticipantStatus: PhysicianPosts: 2099Joined: 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.March 11, 2019 at 3:41 pm MST #197659KambanParticipantStatus: PhysicianPosts: 2203Joined: 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.birddogParticipantStatus: PhysicianPosts: 26Joined: 02/05/2019
Another vote for lawyerZaphodParticipantStatus: Physician, Small Business OwnerPosts: 5645Joined: 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.