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I need some good advice on problems in our condo association

I need some decent advice from you all. I live in a Campestre of 24 homes. For various reasons, mostly of incompetence, 11 of the homes are not paying their monthly admin fees which are causing some real financial problems here.

We have a resident who came here about 2 years ago and was elected Condo Association President. It is not a great job, but it does yield power which this guy craves. Without Condo Association prior approval he:

1) Had a water pump fencing system installed. There result was no change in the quality of the water which sucks. Cost = about 3K usd.

2) He had a asphalt road constructed without plans or prior permission. Ok sounds great...we sure did need it, but not right now. Cost = about $5-7k usd.

3) He had a plat survey of all of our properties done with any permission or authorization. Cost = about $1.5k usd.

Ok, on the face of this it all sounds like good stuff. But, when he paid the money for the 3 projects he used his own money because the Campestre had none to spend due to the delinquency of the 11 house admin fees. (In Spanish delinquency means a criminal act…yes it is in my opinion).

So why the f%#*k should I care? I care because now he is demanding all of his money back because he lost out in a recent election of new priorities. Because he is pouting our Security Guards and Landscape personnel cannot get paid because there is no money. (I am told). The Campestre employees are supposed to be paid their salaries on the 15th and 30th of the month. Every 6 six months they get ½ “prima” pay as a bonus. One Security Guard has no money and had his electricity turned off today and another I gave $75,000 cop to today so he could get some money to feed his family.

SO WHAT DO I WANT FROM YOU ALL? I NEED TO KNOW WHAT I CAN DO LEGALLY AND OR CORRECTLY OR WHATEVER? WE WANT TO TAKE SOME ACTION IN THE NEXT TWO DAYS SO WE DO NOT HAVE TIME OR MUCH MONEY TO PAY AN ATTORNEY. WHAT CAN I DO OR SAY THAT IS GOING TO MAKE THIS GUY PEE IN HIS PANTS. WE HAVE SEVERAL RESIDENTS BACKING US, BUT WILL THEY BE THERE WHEN THE PRESIDENT IS CONFRONTED? I DOUBT IT. IF THERE IS A LAW, I NEED A CITE. I DO NOT READ SPANISH AND I DO NOT KNOW WHERE TO GET LEGAL RESEARCH DONE IN A TIMELY MANNER.

I WILL APPRECIATE ANY OF YOUR THOUGHTS SHORT OF BRINGING IN UNCLE GUIDO FROM NEWARK.

PS. I HAVE WRITTEN SOMETHING SIMILAR LIKE THIS BEFORE , BUT IT WAS NOT AS SERIOUS AS IT IS NOW.

HELP ME!

By Rikito on Jul 7, 2009, 21:12 in Friendly Talkzone.

pedro says on Jul 7, 2009, 21:23:

Did you send out final warning notices to the late payers several months ago, as suggested?

If so, you should now be moving to a formal debt recovery process with those who are more than 2 months late, with them paying all legal costs. If they don't pay or at least set up a plan for payment of arrears, they risk losing title to their homes.

"this may seem a strange post but it is not...when in colombia men need to be aware that colombia women may try to be seductive and entice a travelling gringo to have sex with them..to be forewarned is to be forearmed..." -- pow wow

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lpdiver says on Jul 7, 2009, 21:23:

Well as you stated you posted this problem on April 4. Rereading that thread would seem to me to indicate you need a lawyer...like three months ago. I would try to get a few of the other residents involved. I would start with the 13 that are paying their dues and current.

I wouldn't go this alone under any circumstances.

Good Luck and keep us posted.

ts

Remember what the monkey says, "Fuck money it's free"

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miamimike says on Jul 7, 2009, 22:15:

Probably the reason the Past Prez did what he did was because no one would get involved. I'm on our board of directors and can vouch for this! No one attends meetings, volunteers ect. All the unit owners do is complain without offering anything constructive. I think the Ex Prez should get a Medal for using his own funds for Common area Upgrades/Repairs. This guy should be canonized for Sainthood!

The People your Anger should be directed at are those 11 Deadbeat Owners. Here in our Condo Assoc, after 2 months they get sent to the Attorney for Collection--No Excuses. Within 45 days if they don't pay, we file a Lien and the Deadbeat pays for the Attorney fees and court costs. We found out here in Florida(new law) that we can Foreclose on a Unit(even if the bank has already started the process) and can take Cert of Title. We then Evict the Owner with the Police, change the locks and then rent the unit out. We must use the money to pay down the Deadbeat's Unpaid Balance. This is our NEW Plan of Action! We also are exploring selling Unit owner's Debt to collection agencies; we are told they may buy the bad debt for .50 on the Dollar. Then the Collection Agency makes life miserable for these Deadbeats. One thing for sure, you need a VERY Fast and Agressive Collection Policy. Don't let Debt go more then 2 months without taking action as its harder to collect, say after a year. Not to mention, here in the States, the Deadbeat may file for Bankruptcy so beat him to the Punch. Here in Florida, even though a Unit owner files for Bankruptcy, he still must pay his rent or condo maintenence.

Some Condo Assoc here in Florida are cutting services included in the Maintenence like Cable TV, Recreation Privledges i.e. pool, sauna ect

You need to have a Competent Attorney who specializes in Condos only and have him/her examine your Condo Docs as to what you can/cannot do legally and draw up a plan of action. ASAP

Yeah Yeah Yeah one more year down the toilet of history. Happy New Year/Prosperó Año Nuevo everybody.

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bam m says on Jul 7, 2009, 22:28:

If he paid money up front out of his pocket...you need to go back and look at the actas...if the association gave him permission for the loans...ie told him he could pay and they would pay him back...he has more control and power than you may think... in colombia..

its all in the actas...and if there was > 70% vote in colombia ...its in granite...with the pres of the association and the administrator signing off....

get those copies of your yearly or bi-yearly meetings....read them through first...

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lpdiver says on Jul 7, 2009, 22:44:

Get back to the tenants that are behind in their dues. Thats 23,000.00 dollars. Collecting that would solve all your problems.

Sounds like the old president though he may not have done what YOU like didn't really do anything criminal.

Figure out how to pay your employees...first.

ts

Remember what the monkey says, "Fuck money it's free"

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miamimike says on Jul 8, 2009, 00:08:

Unless the Old prez has a valid signed IOU contract obligating the assocation for these bills he probably is out of luck. If he acted alone, again he may be SOL.

Yeah Yeah Yeah one more year down the toilet of history. Happy New Year/Prosperó Año Nuevo everybody.

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Gator says on Jul 8, 2009, 08:16:

Without a contract for the ïmprovements he gets nothing-perhaps a big kiss and a thank you card. To be sure I would have an attorney review the condo documents like the Reglamentos and Convenios

"Bene, cum Latine nescias, nolo manus meas in te maculare" .

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Lowell says on Jul 8, 2009, 12:25:

One of the rules/laws concerning the non-payment of dues for over 6 months in our last condo provided for the seizue of the property.

Alfred E. Newman. "What. Me Worry?"

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pavo says on Jul 8, 2009, 13:36:

My advice is to lay low and forget about the condo issues. The Condo democracy is a poor system and it requires a dictator to run it. I say support the guy who is paying out of his pocket. Pay your monthly fee and let someone else deal with it.

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bam m says on Jul 8, 2009, 15:03:

review the actas....you'll be happy you did.

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lpdiver says on Jul 8, 2009, 15:22:

You know Pavo that is true. The situation is or has come to a head and will resolve on in own accord soon.

Besides the op has had months and months to resolve it and has done nothing to date...why jump in now?

ts

Remember what the monkey says, "Fuck money it's free"

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makopp5 says on Jul 8, 2009, 15:34:

you have to take the people with the security issue. Make a special ownersmeeting. And theree you say that you have to fire all the personal, because there is no money and all of the owners have to make in shifts walkings at night for security etc....
Or they have to pay on time. Or sell your unit and no problems.

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bam m says on Jul 8, 2009, 15:35:

Pavo..that is the best advice...no doubt...if you got an owner paying out of his pocket to help the place...i'd never buck him...

we just installed a cerca electrica in a building....gratis... and all the bitching over noise on remodeling stopped....for now...hahah but we'll remodel the pool when they start bitching agian...

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