Seems Like I Am About To Have A Big Legal Problem Here

jimmythegreek

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Dec 4, 2008
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Long story short, the Administration and Council of my apartment complex continue to raise the monthly association fee to the point that I can no longer find any buyers for my apartment. I am in the process of trying to sale the property and the real estate agents told me that the current level at $RD9,000 is already too high. I didn't dare tell them that there are plans to raise it up to $RD11,000 making it virtually impossible to find a buyer and possibly devaluing the price of the apartment itself.

I wonder if there is some legal recourse that can be taken, if the monthly condo fee is raised to the point that it financially impairs the owners of the properties.

Please advise, if possible. God's speed.
 
Jan 7, 2016
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Lawyer-up....read your bylaws and decide if the Administration and Board have the authority to unilaterally raise the monthly maintenance fees without a vote of the entire group of owners. If not, you have a good case in court to see the fees returned to a manageable level. The more owners that participate in the action, the more likely the outcome will favor the owners.
 

windeguy

Platinum
Jul 10, 2004
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The only hope you have is if the condo association is violating any laws by increasing those fees. It would take a lawyer to determine that.

I suspect they are not violating any laws (or by-laws in the agreement) and you have the real estate version of a white elephant. Get a lawyer.
 

Tamborista

hasta la tambora
Apr 4, 2005
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Get creative, and offer to pay a portion of the common charges for 1-2 years to a qualified buyer, if you need to get this sold.
It just comes off the purchase price @ closing.
 

jimmythegreek

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Dec 4, 2008
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Well they claim that they approved the measure in one of the Assembly's prior, which appears to be the case. However, I went and investigated whether they had a quorum and it appears that they went and got signatures after the meeting to meet the 51% requirement. Things are really a joke here, but not so funny when your money is on the line and they are lining their pockets with it.
 
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jimmythegreek

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Dec 4, 2008
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Lawyer-up....read your bylaws and decide if the Administration and Board have the authority to unilaterally raise the monthly maintenance fees without a vote of the entire group of owners. If not, you have a good case in court to see the fees returned to a manageable level. The more owners that participate in the action, the more likely the outcome will favor the owners.

Well they claim that they approved the measure in one of the Assembly's prior, which appears to be the case. However, I went and investigated whether they had a quorum and it appears that they went and got signatures after the meeting to meet the 51% requirement. Things are really a joke here, but not so funny when your money is on the line and they are lining their pockets with it.
 
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Cdn_Gringo

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Apr 29, 2014
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Condo boards, HOA's etc are often the source of owner frustration. The priorities of some owners may not be in-sync with other owners or the board is off in it's own la-la land doing what it feels is necessary.

Any solution to your problem should be spelled out in the rules governing how your board conducts it's business. How often fees may be raised, by how much, is a general meeting/vote required etc should all be contained therein. If there is a mechanism to veto a proposed fee increase or a board decision in general, then that is the mechanism you'll need to follow to do so. If your board has a history of frequent fee increases, maybe consider doing what is necessary to get out now before the problem gets worse if you cannot garner enough support to put a stop to the increases.

Good luck.
 

jimmythegreek

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Dec 4, 2008
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Condo boards, HOA's etc are often the source of owner frustration. The priorities of some owners may not be in-sync with other owners or the board is off in it's own la-la land doing what it feels is necessary.

Any solution to your problem should be spelled out in the rules governing how your board conducts it's business. How often fees may be raised, by how much, is a general meeting/vote required etc should all be contained therein. If there is a mechanism to veto a proposed fee increase or a board decision in general, then that is the mechanism you'll need to follow to do so. If your board has a history of frequent fee increases, maybe consider doing what is necessary to get out now before the problem gets worse if you cannot garner enough support to put a stop to the increases.

Good luck.

They claim that they passed a measure in one of the prior meetings-whether they really had a quorum is questionable at best. Also, they did not present the proposed budget in writing at that meeting to the owners. Moreover, yes there is a history of continual increases year after year. Starting with RD$7,000 in 2013 to RD$8,000, then $RD8,000 to $RD9,000 in 2015. Now looking at a massive increase to RD$11,000. In between, 2014 and 2015, 4 extra monthly quotas for painting and unknown thereafter. A complete mess by all measures. Worst part is it will be exceedingly difficult to find a buyer under these circumstances.
 

Cdn_Gringo

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Apr 29, 2014
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Absolute power corrupts absolutely. Just like with some politicians, doing nothing is often not an option. Spending other people's money is addictive and one can never have enough of other people's money.

You have your work cut out for you certainly. Hopefully you can convince enough of your fellow owners to stand up and say enough is enough. If not, your options may be limited, certainly won't be easy or quick to bring about a satisfactory resolution.

The joys of being beholden to a property board.
 

jimmythegreek

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Dec 4, 2008
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Absolute power corrupts absolutely. Just like with some politicians, doing nothing is often not an option. Spending other people's money is addictive and one can never have enough of other people's money.

You have your work cut out for you certainly. Hopefully you can convince enough of your fellow owners to stand up and say enough is enough. If not, your options may be limited, certainly won't be easy or quick to bring about a satisfactory resolution.

The joys of being beholden to a property board.

Thanks appreciate your input-this has been very hard on me and has certainly not made me feel very good about humanity in general.
 

pauleast

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Jan 29, 2012
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$250 dollars U.S a month doesn't really sound that high. Does it cover security and all maintenance ?
 

jimmythegreek

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Dec 4, 2008
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$250 dollars U.S a month doesn't really sound that high. Does it cover security and all maintenance ?

Yes, but that is not the issue-The issue is that buyers will not entertain to acquire the apartment with a monthly association fee that is beyond what is reasonable for the area. It impacts the sale and price of the apartments. Remember, they have many other options to them at their disposal as there are a lot of apartments for sale on the market with a lower monthly association fee.

Also, the fact that if the financials of the property are not being properly audited and there are improprieties taking place, then they will just continue to raise the fees indefinitely to siphon income off the property.
 

Conchman

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Jul 3, 2002
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If you think the assocation is stealing money, there should be a mechanism to audit or check the yearly budget and expenditures in the bylaws and while this may be costly (or even dangerous), the assocation may have to pay for it and in the long run it would bring the costs down allowing you to sell the property faster and at a higher price. You definitely need to get some other owners on-board this mission, which may or may not be worth the effort.
 

franco1111

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May 29, 2013
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Where is the condo? $250 is high especially if it is in the El Cortecito area. With no amenities to speak of. Landscaping, security, garbage, and water are cheap.
 

jimmythegreek

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Dec 4, 2008
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If you think the assocation is stealing money, there should be a mechanism to audit or check the yearly budget and expenditures in the bylaws and while this may be costly (or even dangerous), the assocation may have to pay for it and in the long run it would bring the costs down allowing you to sell the property faster and at a higher price. You definitely need to get some other owners on-board this mission, which may or may not be worth the effort.

Absolutely-this is what I have been working on to do an independent audit, but owners are scared or don't want to be involved for whatever reason. Administrator holds the receipts and will only give copies and not the originals. Audit firms want to see originals and would have to go directly into the Administrator's office to investigate.
 

jimmythegreek

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Dec 4, 2008
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Where is the condo? $250 is high especially if it is in the El Cortecito area. With no amenities to speak of. Landscaping, security, garbage, and water are cheap.

This is in the Viejo Arroyo Hondo area and includes everything, but again that is not the primary issue as I explained above.
 

oriole100

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Oct 9, 2005
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need a good real estate Lawyer. Not a regular one. I suggest you take your documents to Guido Perdomo in Susua. He,s really good and honest. He can review them and tell you what to do. He may be able to refer you to a lawyer closer to you that he feels Is competent.
 

jimmythegreek

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Dec 4, 2008
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need a good real estate Lawyer. Not a regular one. I suggest you take your documents to Guido Perdomo in Susua. He,s really good and honest. He can review them and tell you what to do. He may be able to refer you to a lawyer closer to you that he feels Is competent.

Thanks, yes that is a good lawyer, but I am in the Capital.
 

Criss Colon

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Jan 2, 2002
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The head of the condo assoc. IS stealing your money, and probably sharing it, or giving a lower monthly fee to the other members.

There is little you can do.
I had a friend with the same problem.
He got enough of the other tenants being "SCREWED" to force the building to be managed by a condo maintenance company,
Who gives a monthly accounting of where to money is spent.

CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC

SD,... then contact "Guzman Ariza"!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
 

jimmythegreek

Bronze
Dec 4, 2008
1,066
4
0
The head of the condo assoc. IS stealing your money, and probably sharing it, or giving a lower monthly fee to the other members.

There is little you can do.
I had a friend with the same problem.
He got enough of the other tenants being "SCREWED" to force the building to be managed by a condo maintenance company,
Who gives a monthly accounting of where to money is spent.

CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC

SD,... then contact "Guzman Ariza"!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Criss,

I am afraid that this is exactly what is happening. We live in perilous times. God's Speed.