Lost faith in Condo Law
So 3 years ago an individual in our condo got himself elected to the "board" which has no authority but assumes power. In office he convinced the administrator to double my condo fees. I had been paying an established rate for 5 years - but this individual stated my titles said that I owed more.
Note our bylaws do not stipulate we pay by titled square meters but by meter and as my apartment was not built to the condo constitution description which states I have 6 apartments - I only have a 3 bedroom - I figured this was a prearranged agreement. And for 5 years continued to pay at the established rate.
So the condo started billing me for double my meters and then they slapped a 5 year backpayment on me including interest fees and penalties. I continued to pay at the old rate until someone could explain how this was legal. Then last year the Admin refused to accept my regular payments and put my condo in the embargo process. The AGM authorized the embargo because the individual who initiated the whole fiasco had most of the proxy votes. There were no accounts presented or justification for the debt.
The situation is made even more ridiculous by the fact that another apartment holder has assumed the entire area covering the roof of my condo but he only pays for the small space of his actual apartment. Many other owners have also assumed large tracts of common property and only pay for their apartment space. So for some reason I have been singled out.
Anyway last year the administrator got deported and we got a new administrator and although he seems a reasonable guy he says he can not stop the embargo as the condo is strapped for cash and wants the money. In addition the condo lawyer has a special power of attorney that lets him do what he likes and the lawyer wants to sell my apartment so he gets his percentage fee.
My lawyer has tried countless times to have an injunction placed on the embargo and have it dismissed but the courts are not listening and state that the condo AGM agreed to the embargo so it is going to happen.
My only recourse according to my lawyer is to the sue the Condo after my apartment is sold. I find this ludicrous!
So here are my questions
- how can the condo embargo all my titles when I was paying half the fees which should have covered half my titles?
- how can the condo randomly change an established rate?
- is it common practice that no-one pays maintenance fees for common property they have assumed (without permission I might add)?
- what rights and recourse do I have besides losing my apartment and suing (which will take years)?
- if my apartment was not build as stated in the constitution then isn't the condo at fault for not changing the constitution to match the construction?
If anyone has any answers it would be much appreciated. Sorry for the lengthy post.
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This sounds very strange.?! Have you left out any important details in this story?
No that is pretty much it in a nutshell. I'm blown away by the whole event and find it ridiculous to say the least!
Never heard of a master deedwhich did not specify the fees would be calculated by square meter of your unit as a percentage of the whole. What do you mean by the meter, not the square meter? There is more to this story than you presented.
BTW nobody should be charged for use of the common area as exclusive use should not be allowed.
By the sound of it you gotta be living in the Caribe Campo Twilight Zone....................
From what you describe they do not like you.
I've never heard of a condo being seized for not paying the monthly dues, but then again stranger things have happend.
This is not strange. It is a procedure in the condo law. We have it the rules of the condo where I live. If monthly fees are not paid within a specified period, action is started to take possession of the apartment,
Originally Posted by Taino808
I did mean square meters. Our bylaws state that a set dollar amount should be paid by square meter. it does not state titled meter as the "board" claims. Also artlicle 4 of the condo law says that folks pay per titled square meter unless otherwise agreed. 5 years of precedent in my case and also the fact that the titles are irrelevant to what was built should be compelling. I have had my apartment surveyed and there is no means by which the entire floor measures the square meters totalled in the titles.
Supposedly they do not like me because I would not give this individual my proxy vote