Condo owner causing problems with administration......what can be done??

MommC

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We have one owner who constantly interfers with the administration of the condo. We have our annual meeting with minutes taken by a lawyer for registration, make any necessary decisions, authorize any necessary remedial work. However, one of the owners seems to think that the entire condo complex is under his jurisdiction and he does whatever he feels like (usually when most of us are not in residence!). He has the cerrano/gardener under his control ( he signs the paychecks as well as the administrator). He interfers with the administrator and prevents the administrator from carrying out his duties ( we've lost 2 administrators because of him as he argues so much with them or bugs them to death to try to get them to do what he wants). He does work in the communal areas without authorization or without informing the administrator then turns in the receipts in lieu of his monthly maintenance cuotas, etc. etc.
We are about to lose another administrator because of his interference. Also he has intimidated the engineer and his workers who had been hired to carry out necessary roof repairs (the engineer now refuses to come back to finish the work) because he didn't like what the engineer was doing, so one of the units now is flooded every time it rains (Is the condo association going to have to pay damages or can we go after him to pay them?).
What we need to know is if there is some way (like an injunction maybe??) to prevent him from acting on his own behalf and from interfering in the running of the condo and how do we go about it?

Thanks for any help.......(we need to get this roof repaired before rainy season and most of the "snowbirds" have already returned home).
 

PJT

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Jan 8, 2002
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What's a matter with consulting with the lawyer who takes the minutes? He/She of all persons should have a handle on the situation.

Regards,
PJT
 

MommC

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We'd like to know if something can be done before consulting a lawyer.

The next meeting will be our annual meeting (held in Jan. or Feb. each year) as there are not enough owners in the country at present to form a quorum.
Which is why we pay an administrator to llok after things while we are gone.
However if we can't keep an administrator because of the conflict with this owner we're in deep S**t as there will be NO administration.
 

XanaduRanch

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MommC said:
The next meeting will be our annual meeting (held in Jan. or Feb. each year) as there are not enough owners in the country at present to form a quorum. Which is why we pay an administrator to llok after things while we are gone. However if we can't keep an administrator because of the conflict with this owner we're in deep S**t as there will be NO administration.
I would think there are lots of things you can do, like getting a civil citation and going to city hall with the boob in front of a fiscal. BUT. If there's no one there, who's going to do that for you? The only recourse is a lawyer. Even a sheister one just to keep him too busy running back and forth to city hall to bother the adminstartor until everyone gets back might work. But I'd bring out the lawyer.

I am having the same problem with a poor, penniless, idiot here who claims to work for the developer of the project. He's closing public streets, trying to cut off access to water, cutting trees (Caoba's even!), and generally making life miserable for anyone here. I sympathize. I can deal with it because I am here. I'd hate not to have anyone around to be my proxy though.

Tom aka XR He who hesitates is probably a faster thinker than you.
 

MommC

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Right you are.......

Now he's ticked off at us because we dared to speak out about some of his "offences" so he's hauling us up in front of the fiscal (gotta go Monday) on some trumped up nonsense to do with our recent kitchen renovation.
It should be good for a laugh! I hear the fiscal from San Pedro is an okay guy..........and yes we do have a lawyer (one who sued the makers of his Porche because he couldn't fit his golf clubs in the trunk-they sent a technician to the DR to show him how to put them in so they'd fit!! Heh heh).

( I don't get mad....I get even! :))
 

Ken

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Jan 1, 2002
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If your supposed offense is purported to be a violation of the rules of your condominium, then the fiscal does not have jurisdiction. Condominium Law #5038 of 1958 makes very clear that the Land Court has jurisdiction. You can get an English translation of the law from Fabio's website http://www.drlawyer.com/txt/articles/condolaw.html
 

MommC

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Nah.....I wouldn't break the condo laws (or any law for that matter!)

:devious: as long as I was aware of the law.
This guy's just trying to give us a hard time but it will back-fire on him. I'm actually looking forward to a good laugh Monday and I'm sure the fiscale will have one also!!
Now.....if we can get him to stop interferring in the running of the condo and to stop him from doing things on his own (like making a new front gate-yes we needed one but he did it before anyone was there, without telling those that live there year round).
 

MommC

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No problem Ken......

I was interested in what the response would be to your question also.
I guess we'll see what happens tomorrow in front of the fiscale and then we can ask our lawyer about the question in my original post as Faqbio hasn't checked in on this one. ( I know.....Semana Santa!)
I'll post later on to let everyone know what happens (that way I won't have as many emails to send out! :) )