Yes there are probably the 'in' owners who get reduced rates via special services/favors/money back etc and the out crowd who pays for the shenanigans. The Gringos will always be in the latter group.
- Thread starter jimmythegreek
- Start date
Seems Like I Am About To Have A Big Legal Problem Here
A proper legal opinion is needed for your issues. However, with over 30 years of condo ownership I would guess none of these increases are legally binding if the management did not follow the bylaws and file any changes with the Land Court. I believe a 75% vote is needed for those changes assuming your condo uses the same 1958 boiler-plate by laws most condos use here. Let's hope someone from Guzman's office can be the legal eagle you need.
It is understandable that they don't want to let the original receipts out of their possession. But if they are willing to provide copies of all of the receipts, you can then go through them and flag any that you think are suspicious. Then make an appointment to see and examine the original receipts.
As far as determining if there was a quorum, there is a specific format that should be followed that includes taking attendance at the beginning of the meeting, recording any proxies and providing copies of them, and having a copy of all owners titles to insure that they are the person legally responsible for voting. If you pm me I can send you a copy of our last owners meeting so that you can see the format followed by the lawyer that assisted us.
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Thanks for the useful information-I am going to investigate this further. Is it 75% of the approval of all of the property owners OR 75% of the property owners present at the meeting satisfying the quorum requirement?
Yes thank you. I actually have the document in my possession. It's called the Asistencia de Nomina'.
Yes thank you. I actually have the document in my possession. It's called the Asistencia de Nomina'.
It appears to be a 75% majority of the owners voting in a quorum meeting. I was hoping for a 75% majority of all the property owners. Hard for me to prove as they state in the meeting minutes that it was merely approved by a majority.
Also, the land court that you mentioned-They are required to register changes there? Is this the Tierra de Tribunales? Can we request that information from them?
If I am not mistaken that is $200 usd under the current exchange rate. Depending where the property is that is really not outrageous. That is really on the lower end of fees. I know of some that pay close to $300 or more. What is covered by your monthly fee?
LTSteve,
1. I had several agents from Remax over here and they told me this is way too high for the area and the type of property involved. Many prospective buyers already complained that $RD9,000 was too high for the type of property.
2. When I say the type of property-This is a complex of 60 apartments. A monthly fee of $USD300+ is usually confined to select Torres that have 16 or fewer apartments. This is not the case, when you get to properties with 30 or more apartments-the cost of the monthly fee goes down proportionately.
Criss,
Unfortunately, this is already with a condo maintenance company and we are receiving reports monthly, but that was not always the case prior, where monthly reports went missing from mid 2014 to the end of 2015.
LTSteve, This covers all of the water-gas-planta-security-cleaning common areas-maintenance of gates, elevators, etc. etc.
The problem with your thesis is that we have two exact type properties built by the same construction company right near us here with the exact same type structure and apartments and they are combined paying around $RD8,000 per month.
Abuela is right as far as I can see.
You must first determine if there was a legal quorum.
I am not sure on the necessary quorum law so you need expert advice on this.
If this is not present then none of the motions are legally binding.
Difficult to know who to take action against but I would try to assert that the association acted illegally and that a quorum was not present.
A increase in maintenance fees must be made by the assembly of condo owners.
An absolute majority of votes is required: 50% +1 of all possible votes (not 51%).
An absolute majority of votes is required: 50% +1 of all possible votes (not 51%).
Seems like a very low bar for being able to increase the maintenance fees, in the sense that a quorum only requires 51% of the building's units be represented. In addition, it states in our regulations that one individual can represent up to 3 owners at these meetings. Then, the majority vote is only 50%+1 of those present to make up the quorum. So in total, you could have a situation where not even a real majority of 51% of all of the units in the building complex approve the increase through the resolution at an Assembly meeting.
Moreover, our regulations state that they must demonstrate the numbers in the meetings that voted for and those that voted against any one resolution. Under the resolution to increase the budget and monthly association fee, it merely states that there was a majority in approval, but no details of the numbers that voted in affirmation and those that voted against the resolution. To me, that seems grounds to challenge whether the resolution was actually passed at the meeting and/or they need to do it all over again at another meeting.
Finally, I get the impression that they went searching for signatures after the meeting to make the 'asistencia de nomina' look like it had a quorum and that is obviously not permitted in the condo laws of 1958 and our own regulations.
Is this building also being managen by an management company? Of not, there's your difference.
Can't judge if 8,000 / 9,000 or 11,000 is a lot. I pay 4,500 but that's without generator and quite simple security, but on the other hand we are only 10 houses. I've recently visited several projects in Arroyo Hondo and they were often above 10,000 pesos. Only the very big ones, like Isabela Villas, Cuesta Hermosa, have low amounts, but then you're talking hundreds of owners.
Can you say which project it is?
It would be best that I don't for know, but as I pointed out in that post, we have two other developments right next to us built by the same exact constructor same exact apartment configurations-only some differences in the common areas and the number of gates to the property. Those other two properties have 72 apartments combined versus our 60 and are paying a combined RD$8,000/month.