Is it illegal to get bylaws and minutes to review before buying apartment?

KCoral

Newbie
Oct 17, 2015
5
0
0
Not quite sure if I should be posting this here or in the real estate section.
We are trying to purchase a property at Arenas De Bavaro with an un-cooperative agent.

After seeing the property with agent, we decided to go back to the complex to take a look around by ourselves to see how the place looked in the evening and we came across one of the owners who after a long strange conversation told us there were some problems with the current condominium management.

We asked agent about the problems this person described and he assured us that it is just a problem owner in the complex and there is nothing to worry about. We asked to see the bylaws and he says they are private documents and cannot be handed to me before my purchase. But if there isn?t any problems why can?t I just take a look at the bylaws or the last meeting minutes?

I decided to work with another agents, but he refused to meet them for showings with us. I called him to ask him if he could work with other agents and to please return their calls, but he says he will not split his commission with them because of their bad ethics and claims he has complete exclusivity over Arenas De Bavaro. He also says if we buy we must use his lawyer, who apparently also seems to be sharing office space with him at his office.
At this point I am absolutely disappointed, I invested in two trips for the purpose of buying an apartment in Corteseto and am met with one obstacle after another before buying this apartment and am beginning to think it is a bad sign.

We chose this agent because he had real estate experience in the U.S. and assured us he was above the other agents are in Punta Cana and their bad ethics, but refusing to sell an apartment unless it is under his conditions with his lawyer does not make him very professional or ethical really!!
Sorry to go on with this, but my question is basically to know if I can or not get a copy of the bylaws and the minutes of the last meeting. Is this really illegal to look at before the purchase? And must we use the lawyer assigned by the agency. Would like to know for future reference.
 

SantiagoDR

The "REAL" SantiagoDR
Jan 12, 2006
5,813
950
113
"Buyer Beware" comes to mind.

Be very, very careful.............
So the agent does not want you to know the rules/bylaws "BEFORE" you buy, time to walk I would think.

From the things I have seen/heard here I would not deal with any lawyer except the one on DR1, Guzman, moderator of the Legal forum. In this country many "lawyers" are shall we say, not on the up and up.
 

Tamborista

hasta la tambora
Apr 4, 2005
11,747
1,343
113
RUN - DO NOT WALK!!!

If you are not able to perform due diligence, bye bye!
 

KCoral

Newbie
Oct 17, 2015
5
0
0
One of the agents had referred us to Guzman Arzia at the Shopping Center. Didn't speak with them yet but I did find it strange that you cannot see the bylaws first.

I do want to say that I did meet three nice agents but they did not have a lot of apartments in places where i was interested, but I really liked these apartments and had nice furniture.

I will look elsewhere on my next trip, not too comfortable really at this point but was wondering if this is normal practice.
 

SantiagoDR

The "REAL" SantiagoDR
Jan 12, 2006
5,813
950
113
One of the agents had referred us to Guzman Arzia at the Shopping Center. Didn't speak with them yet but I did find it strange that you cannot see the bylaws first.

I do want to say that I did meet three nice agents but they did not have a lot of apartments in places where i was interested, but I really liked these apartments and had nice furniture.

I will look elsewhere on my next trip, not too comfortable really at this point but was wondering if this is normal practice.

Yes, that appears to be the lawyer from DR1.
The last name is ARIZA, not ARZIA.

http://www.drlawyer.com/
 

DRdreaming

Member
Jul 29, 2014
242
21
18
The bylaws are public documents. A copy should be filed with the title. As a Board member of a community in Cortecito I have provided copies of the bylaws and meeting minutes to interested buyers agents on several occasions. It is the responsibility of the seller to provide you with these before the purchase agreement is signed.

You DO NOT have to use his lawyer. You may use one of your own choosing. Sounds like he is trying to get you to pay the legal fees he would normally be responsible for (the drawing up of the contract ).

I can try to get a copy if the bylaws for Arenas if you would like, or another community.

I could also recommend a buyers agent. PM me if you are interested.

Sent from my SM-E700H using Tapatalk
 

4*4*4

Bronze
May 4, 2015
566
0
0
We are closing on a property this Tuesday and our attorneys have been pouring over the by-laws and financials for two weeks. Perhaps, you should wonder what else hasn't been accurate? Slow down the process until you have someone that can advise you.
 

KITTU

Member
May 13, 2015
212
9
18
Not quite sure if I should be posting this here or in the real estate section.
We are trying to purchase a property at Arenas De Bavaro with an un-cooperative agent.

After seeing the property with agent, we decided to go back to the complex to take a look around by ourselves to see how the place looked in the evening and we came across one of the owners who after a long strange conversation told us there were some problems with the current condominium management.

We asked agent about the problems this person described and he assured us that it is just a problem owner in the complex and there is nothing to worry about. We asked to see the bylaws and he says they are private documents and cannot be handed to me before my purchase. But if there isn?t any problems why can?t I just take a look at the bylaws or the last meeting minutes?

I decided to work with another agents, but he refused to meet them for showings with us. I called him to ask him if he could work with other agents and to please return their calls, but he says he will not split his commission with them because of their bad ethics and claims he has complete exclusivity over Arenas De Bavaro. He also says if we buy we must use his lawyer, who apparently also seems to be sharing office space with him at his office.
At this point I am absolutely disappointed, I invested in two trips for the purpose of buying an apartment in Corteseto and am met with one obstacle after another before buying this apartment and am beginning to think it is a bad sign.

We chose this agent because he had real estate experience in the U.S. and assured us he was above the other agents are in Punta Cana and their bad ethics, but refusing to sell an apartment unless it is under his conditions with his lawyer does not make him very professional or ethical really!!
Sorry to go on with this, but my question is basically to know if I can or not get a copy of the bylaws and the minutes of the last meeting. Is this really illegal to look at before the purchase? And must we use the lawyer assigned by the agency. Would like to know for future reference.

Please contact Maria Postell for any help concerning this Issue. She is a resident in Arena Bavaro and probably someone who is trying to clean up a mess of previous management. As mentioned earlier in the comments, The future ex management is a complete mess. Do not buy anything unless you see all the legal papers. At Guzman Ariza, you can contact Dr. Sieger who can help you sort this out.
 

LTSteve

Gold
Jul 9, 2010
5,449
23
38
I would be very , very leary dealing with this individual who doesn't seem to transparent in dealing with a potential buyer. Sadly I would tell this person that you will not buy unless he allows you to use your own attorney. You should be allowed to see the condo rules and regs. Buying here looks like a bad idea. If you don't have a good feeling than walk away. There are a lot of fish in the sea. If you still want to persue this I would talk to other owners to see what their feelings are.
 

KCoral

Newbie
Oct 17, 2015
5
0
0
Thank you all for all the information. I will contact this lawyer before my next trip, thanks for the offer of the bylaws but we are skipping Arenas, too many problems we see.
 

Robert

Stay Frosty!
Jan 2, 1999
20,574
341
83
dr1.com
Excellent informative thread, that looks like it potentially saved a new poster a lot of heartache.

Thanks!
 

MikeFisher

The Fisherman/Weather Mod
Feb 28, 2006
13,771
2,206
113
Punta Cana/DR
www.mikefisher.fun
Not quite sure if I should be posting this here or in the real estate section.
We are trying to purchase a property at Arenas De Bavaro with an un-cooperative agent.

After seeing the property with agent, we decided to go back to the complex to take a look around by ourselves to see how the place looked in the evening and we came across one of the owners who after a long strange conversation told us there were some problems with the current condominium management.

We asked agent about the problems this person described and he assured us that it is just a problem owner in the complex and there is nothing to worry about. We asked to see the bylaws and he says they are private documents and cannot be handed to me before my purchase. But if there isn?t any problems why can?t I just take a look at the bylaws or the last meeting minutes?

I decided to work with another agents, but he refused to meet them for showings with us. I called him to ask him if he could work with other agents and to please return their calls, but he says he will not split his commission with them because of their bad ethics and claims he has complete exclusivity over Arenas De Bavaro. He also says if we buy we must use his lawyer, who apparently also seems to be sharing office space with him at his office.
At this point I am absolutely disappointed, I invested in two trips for the purpose of buying an apartment in Corteseto and am met with one obstacle after another before buying this apartment and am beginning to think it is a bad sign.

We chose this agent because he had real estate experience in the U.S. and assured us he was above the other agents are in Punta Cana and their bad ethics, but refusing to sell an apartment unless it is under his conditions with his lawyer does not make him very professional or ethical really!!
Sorry to go on with this, but my question is basically to know if I can or not get a copy of the bylaws and the minutes of the last meeting. Is this really illegal to look at before the purchase? And must we use the lawyer assigned by the agency. Would like to know for future reference.

simple answer:
forget about this specific place and the Mafia styled acting people in charge.
look elsewhere.
the El Cortecito area is full of Condominiums up for purchase, for cheap, it's the times of a buyers market,
you do not need to deal with a shady manager/seller of such kind.
just forget about him and look for the next place down the road.

Mike
 

4*4*4

Bronze
May 4, 2015
566
0
0
Before our closing, I directly asked our attorneys about receiving by-laws and full financials from development. They said it is never a problem here or anywhere. Best of luck!! There are enough unknowns and potential problems with a major purchase. You, at the very least, need to know that your stable of professionals has your back.
 

InsanelyOne

Bronze
Oct 21, 2008
895
28
28
I live at Arenas de Bavaro and can tell you for a FACT that we are having issues with our current Manager, who appears to be incapable of managing a development the size of Arenas de Bavaro. There are too many issues to discuss here, but we are addressing them as a Condominium Management Committee. I cannot address the competence of your agent, but can address the competence of the current manager, which is nil. Go from there.

Is Invermaster the management company? They used to manage my condo community in Cortecito. They are useless. They collected the monthly dues and apparently kept it all for themselves. Virtually no maintenance was done on our property under their watch.
 

MikeFisher

The Fisherman/Weather Mod
Feb 28, 2006
13,771
2,206
113
Punta Cana/DR
www.mikefisher.fun
Is Invermaster the management company? They used to manage my condo community in Cortecito. They are useless. They collected the monthly dues and apparently kept it all for themselves. Virtually no maintenance was done on our property under their watch.

that is very important info, coming together on the topic, piece by piece.
keep the recommendations coming,
pos and negs

Mike
 

Fernandez

Bronze
Jan 4, 2002
572
38
48
Not quite sure if I should be posting this here or in the real estate section.
We are trying to purchase a property at Arenas De Bavaro with an un-cooperative agent.

After seeing the property with agent, we decided to go back to the complex to take a look around by ourselves to see how the place looked in the evening and we came across one of the owners who after a long strange conversation told us there were some problems with the current condominium management.

We asked agent about the problems this person described and he assured us that it is just a problem owner in the complex and there is nothing to worry about. We asked to see the bylaws and he says they are private documents and cannot be handed to me before my purchase. But if there isn?t any problems why can?t I just take a look at the bylaws or the last meeting minutes?

I decided to work with another agents, but he refused to meet them for showings with us. I called him to ask him if he could work with other agents and to please return their calls, but he says he will not split his commission with them because of their bad ethics and claims he has complete exclusivity over Arenas De Bavaro. He also says if we buy we must use his lawyer, who apparently also seems to be sharing office space with him at his office.
At this point I am absolutely disappointed, I invested in two trips for the purpose of buying an apartment in Corteseto and am met with one obstacle after another before buying this apartment and am beginning to think it is a bad sign.

We chose this agent because he had real estate experience in the U.S. and assured us he was above the other agents are in Punta Cana and their bad ethics, but refusing to sell an apartment unless it is under his conditions with his lawyer does not make him very professional or ethical really!!
Sorry to go on with this, but my question is basically to know if I can or not get a copy of the bylaws and the minutes of the last meeting. Is this really illegal to look at before the purchase? And must we use the lawyer assigned by the agency. Would like to know for future reference.

Having read your comments, I think you have sufficient reasons to move on.
Remember, this is the DR- and as buyer, makes sure you ask all the questions and have answers confirmed fully before turning over any funds.

Good luck.
 

KyleMackey

Bronze
Apr 20, 2015
3,126
848
113
Use a different agent and the lawyer of your choice. Relative to Condo association dues, by laws, one thing to be careful
with is to make sure they do not increase if there are ever unusual amount of vacancy or owners who quit paying mortgage/
association dues. Example, if there are 100 units and 100 owners paying every month that is great. but what if 100 units and
only 50 people paying every month? Check the by laws.