Property Management

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Mrs Silver Fox 60

Member
Dec 21, 2008
218
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The community where I live, (La Mulata), is having some difficulty with the current property manager...well lack of it is a better term.

The owners of the homes in the project where we live have decided that it is time to form our own association and look after our own management. We really want to write to the current manager a "Dear John"...take a flying leap...letter.

My question is: what do we need to do to form our own association (we are a very small community), and of course, remove the current administration.

We have already begun to write our own bylaws but we want to make sure that we have done everything "legal"...yes, I know that sounds funny...but we want to make sure that we have crossed our "i's" and dotted our "t's". We don't want to run into any problems down the road (yes, I know that sounds like a redundant statement...we are in the DR after all!)

If anyone has gone through the process and can give our group any insight of what needs to be done, we would be grateful for your assistance.

Thank you in advance! :classic:
 
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drdirectional

New member
Aug 6, 2011
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www.pristinepads.com
Hire a lawyer
I live in a 60 unit complex, we were fortunate to have the building handed over from the developer and avoided the need for lawyers for almost a year but now the time has come to "legal up" the association.
 
R

Ringo

On Vacation!
Mar 6, 2003
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Mrs Silver Fox 60 said:
The community where I live, (La Mulata), is having some difficulty with the current property manager...well lack of it is a better term.

The owners of the homes in the project where we live have decided that it is time to form our own association and look after our own management. We really want to write to the current manager a "Dear John"...take a flying leap...letter.

My question is: what do we need to do to form our own association (we are a very small community), and of course, remove the current administration.

We have already begun to write our own bylaws but we want to make sure that we have done everything "legal"...yes, I know that sounds funny...but we want to make sure that we have crossed our "i's" and dotted our "t's". We don't want to run into any problems down the road (yes, I know that sounds like a redundant statement...we are in the DR after all!)

If anyone has gone through the process and can give our group any insight of what needs to be done, we would be grateful for your assistance.

Thank you in advance! :classic:
Click to expand...

I think that Ken has done this with his complex. He would be my FIRST choice to contact and see IF he has time and willing to point you in the right direction. And yes, an attorney will be needed but perhaps he can suggest one.

Ken is a long time and respected DR1 poster.
 
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belmont

Bronze
Oct 9, 2009
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As this is an established community, chances are there is already a bonafide Association structure in place. I don't understand why you as owners don't call a meeting and vote to replace the present management following the rules laid out in your bylaws?
 
M

Mrs Silver Fox 60

Member
Dec 21, 2008
218
8
18
belmont said:
As this is an established community, chances are there is already a bonafide Association structure in place. I don't understand why you as owners don't call a meeting and vote to replace the present management following the rules laid out in your bylaws?
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We don't have a formal association in place. The property manager is also the "developer" and a really crappy one at that. We were presented with some informal rules when we bought our property three years ago. The place has deteriorated and the owners have decided it is time for this guy to go.

We realize that a lawyer will have to "formalize" our association but we want to get as much done before we have to go to a lawyer.
 
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belmont

Bronze
Oct 9, 2009
1,536
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Mrs Silver Fox 60 said:
We don't have a formal association in place. The property manager is also the "developer" and a really crappy one at that. We were presented with some informal rules when we bought our property three years ago. The place has deteriorated and the owners have decided it is time for this guy to go.

We realize that a lawyer will have to "formalize" our association but we want to get as much done before we have to go to a lawyer.
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Does the developer still own controlling interest of the community? (Does his unsold units comprise more than 50% of the shares?). If he still owns controlling interest, you may be stuck.
 
M

Mrs Silver Fox 60

Member
Dec 21, 2008
218
8
18
belmont said:
Does the developer still own controlling interest of the community? (Does his unsold units comprise more than 50% of the shares?). If he still owns controlling interest, you may be stuck.
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We have the 50% covered. He owns less than 50% at this time.
 
K

Ken

Platinum
Jan 1, 2002
13,884
495
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I don't recall seeing this thread before; but this is not the first time that a thread didn't appear when I requested the new threads.

Since you seem to have a majority of the owners in favor of a change, representatives should meet with an attorney very experienced in matters of this sort. My recommendation is Julio Brea in Fabio's firm since Fabio is no longer in active practice. Take with you to the meeting the rules that you were given and any other documentation that you have regarding the organization and legal status of your community.

Trying to do what you can before meeting with the lawyer is not the way to go because you have no idea what you need to do. You will speed up the process by showing the lawyer everything you have and get his advice on how to proceed. This will help you to avoid missteps that could jeopardize what you want to accomplish and get you moving in the right direction.
 
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