Trouble In Apartment Complex

jimmythegreek

Bronze
Dec 4, 2008
1,066
4
0
Not sure this is the right forum under legal, but I live in an apartment complex in Santo Domingo that is a real disaster like many other apartment buildings here.

It seems like a group within the complex has more or less hijacked control of the apartment complex finances and have a game going on where this little clique does not pay the monthly condo association fee.

The methodology appears to be some form of inflating expenses and receiving commissions back from vendors of services to then be used by this group to pay their monthly condo association fee with our money.

Since there is no real independent audit of the finances, it appears they can do as they wish with signatory control over the apartment complex's bank account and our money.

The assembly meetings are a complete joke with a lack of quorum, but that doesn't stop them from voting on a new 'Directiva' by using the same people over and over again in their little group-like a revolving door.

I have reached the point, where the lack of properly following the rules within the Assembly meetings and also the lack of control to the finances with a proper independent audit has forced me to stop paying the monthly association fee and move this to legal.

Is anyone else going through this out there and how do you resolve the matter, when the proper function of Assembly meetings has been nullified due to a group taking monopoly control over the property and its finances. I see no other resolution other than stop paying and legal against what could be considered white collar crime.

Thank you.
 

the gorgon

Platinum
Sep 16, 2010
33,997
83
0
Not sure this is the right forum under legal, but I live in an apartment complex in Santo Domingo that is a real disaster like many other apartment buildings here.

It seems like a group within the complex has more or less hijacked control of the apartment complex finances and have a game going on where this little clique does not pay the monthly condo association fee.

The methodology appears to be some form of inflating expenses and receiving commissions back from vendors of services to then be used by this group to pay their monthly condo association fee with our money.

Since there is no real independent audit of the finances, it appears they can do as they wish with signatory control over the apartment complex's bank account and our money.

The assembly meetings are a complete joke with a lack of quorum, but that doesn't stop them from voting on a new 'Directiva' by using the same people over and over again in their little group-like a revolving door.

I have reached the point, where the lack of properly following the rules within the Assembly meetings and also the lack of control to the finances with a proper independent audit has forced me to stop paying the monthly association fee and move this to legal.

Is anyone else going through this out there and how do you resolve the matter, when the proper function of Assembly meetings has been nullified due to a group taking monopoly control over the property and its finances. I see no other resolution other than stop paying and legal against what could be considered white collar crime.

Thank you.

i am not sure of your nationality, but you should factor that into whatever decisions you might be inclined to implement.
 

Fulano2

Bronze
Jun 5, 2011
3,287
621
113
Europe
Not sure this is the right forum under legal, but I live in an apartment complex in Santo Domingo that is a real disaster like many other apartment buildings here.

It seems like a group within the complex has more or less hijacked control of the apartment complex finances and have a game going on where this little clique does not pay the monthly condo association fee.

The methodology appears to be some form of inflating expenses and receiving commissions back from vendors of services to then be used by this group to pay their monthly condo association fee with our money.

Since there is no real independent audit of the finances, it appears they can do as they wish with signatory control over the apartment complex's bank account and our money.

The assembly meetings are a complete joke with a lack of quorum, but that doesn't stop them from voting on a new 'Directiva' by using the same people over and over again in their little group-like a revolving door.

I have reached the point, where the lack of properly following the rules within the Assembly meetings and also the lack of control to the finances with a proper independent audit has forced me to stop paying the monthly association fee and move this to legal.

Is anyone else going through this out there and how do you resolve the matter, when the proper function of Assembly meetings has been nullified due to a group taking monopoly control over the property and its finances. I see no other resolution other than stop paying and legal against what could be considered white collar crime.

Thank you.


A common problem. When I lived in SD in the ninetees on a sixth Floor rental appartment we just got fed up with walking the steps with groceries because there was No diesel money for the generator . We moved.
 

cobraboy

Pro-Bono Demolition Hobbyist
Jul 24, 2004
40,964
936
113
A common problem. When I lived in SD in the ninetees on a sixth Floor rental appartment we just got fed up with walking the steps with groceries because there was No diesel money for the generator . We moved.
Not so easy unless you are a renter, JtG is an owner.

Perhaps he can rent elsewhere and rent out his apartment to someone else with a higher tolerance of baloney.
 

Cdn_Gringo

Gold
Apr 29, 2014
8,671
1,133
113
The age old problem of convincing "someone" to do something they don't want to do (allow audits and hold legit meetings).

You have a choice to make. Exercise your prerogative as an condo owner and attempt to coerce the board into adopting acceptable practices, accept the way the way things are or move and attempt to recoup as much of your investment as you are able.

As an individual or even a group of individuals, the chances of you being able to bring about meaningful change in the practices of the board on your own is a long shot. If you are going to fight for change then either you or the group of like minded owners needs to get a lawyer to approach the board with a list of demands and a consequence if they fail to reform. If you are not prepared for all this entails, then you need to select one of the remaining two options.

I doubt that there is a regulatory agency that would be prepared to intervene on behalf of the aggrieved owners. Fight or flight, that's the choice.
 

cbmitch9

Bronze
Nov 3, 2010
845
8
18
Bullies and criminals expect you to give up. If they see that you and others are willing to fight for what's right, then they will eventually change. Good luck and give 'em hell.
 

the gorgon

Platinum
Sep 16, 2010
33,997
83
0
Bullies and criminals expect you to give up. If they see that you and others are willing to fight for what's right, then they will eventually change. Good luck and give 'em hell.

as i said, all that sounds good in theory. when you are a foreigner in a third world country, things can go sideways, real quickly. this is not Kansas.
 

Dolores1

DR1
May 3, 2000
8,215
37
48
www.
Would suggest you meet with other condominium owners that may be in your same situation and would also want transparency in the handling of the building finances. Unless the building is very small, those not in agreement should be more.

In my building we had this experience. There was a long time condominium owner-administrator who had the support of many who recognized that for years he had taken upon his shoulders paying the accounts of the building, etc., but the man was incapable for years of producing statements. A group of three, including myself, all owners in the building, got together and we ousted the long time manager and appointed an external manager-company that is transparent in the finances.

The condominium law orders for an assembly to be held every year to hear of the finances of the building and a report by the management. That meeting can be called by any condominium if the management or the board does not call it. But you need to get the support of others in the building that are not satisfied with the situation.
 

jimmythegreek

Bronze
Dec 4, 2008
1,066
4
0
Would suggest you meet with other condominium owners that may be in your same situation and would also want transparency in the handling of the building finances. Unless the building is very small, those not in agreement should be more.

In my building we had this experience. There was a long time condominium owner-administrator who had the support of many who recognized that for years he had taken upon his shoulders paying the accounts of the building, etc., but the man was incapable for years of producing statements. A group of three, including myself, all owners in the building, got together and we ousted the long time manager and appointed an external manager-company that is transparent in the finances.

The condominium law orders for an assembly to be held every year to hear of the finances of the building and a report by the management. That meeting can be called by any condominium if the management or the board does not call it. But you need to get the support of others in the building that are not satisfied with the situation.

Thanks for your post-all good suggestions-Unfortunately, we have tried this and it has failed to come to fruition.

I am afraid the only recourse now is legal.
 

zoomzx11

Gold
Jan 21, 2006
8,367
842
113
It's me I move out asap. Gringos do not win uphill battles against Dominican tigres.
There is no good option.
What can you do, hire a Dominican lawyer?
 

jimmythegreek

Bronze
Dec 4, 2008
1,066
4
0
It's me I move out asap. Gringos do not win uphill battles against Dominican tigres.
There is no good option.
What can you do, hire a Dominican lawyer?

Property is 50% owned by Dominican national.

However, I disagree with all the hysteria about foreigners having no equal right to the property laws here in DR.
 

JD Jones

Moderator:North Coast,Santo Domingo,SW Coast,Covid
Jan 7, 2016
11,697
8,127
113
If you're going to stop making payments to them, I suggest you keep making them buy put it in escrow until you get the problem resolved.

If it were me, I would be trying to sit down with different members of the board and try to reason with them. They won't want to get lawyers involved any more than you do.
 

the gorgon

Platinum
Sep 16, 2010
33,997
83
0
Property is 50% owned by Dominican national.

However, I disagree with all the hysteria about foreigners having no equal right to the property laws here in DR.

it is not hysteria. you are a foreigner in these peoples country. if they perceive you as a troublemaker, bad stuff can go down. i am just concerned about possibilities, because i am a third world guy, and i know what can go wrong in these situations. all i am suggesting is that you consider your courses of action very carefully.
 

jimmythegreek

Bronze
Dec 4, 2008
1,066
4
0
it is not hysteria. you are a foreigner in these peoples country. if they perceive you as a troublemaker, bad stuff can go down. i am just concerned about possibilities, because i am a third world guy, and i know what can go wrong in these situations. all i am suggesting is that you consider your courses of action very carefully.

'Troublemaker'-Those that conduct illegal activities fit that definition. BTW-maybe you did not see my post that this property is 50% owned by Dominican national, but I think your argument doesn't have a leg to stand on here.
 

Derfish

Gold
Jan 7, 2016
4,441
2
0
'Troublemaker'-Those that conduct illegal activities fit that definition. BTW-maybe you did not see my post that this property is 50% owned by Dominican national, but I think your argument doesn't have a leg to stand on here.

Those who disrupt the ones doing the illegal activity are also thought to be in that category, by those who actually are.
Der Fish