There is a situation brewing in our community that hopefully someone out there has some information on. It is about the formation of a condo association that did not previously exist. Here is the situation:
We purchased our property 3 years ago in a gated community. When we purchased there was no formal condo association just an informal agreement to pay a monthly amount that went to maintaining the community i.e. street gardeners, street lights, etc. The individual who administered this fund took no compensation for these tasks until last year and then a new administrator came in and was paid a monthly stipend of RD $4000.00. This person has declined to administer the fund and the community any longer as it was becoming too time consuming.
This past year there has been a concerted effort by some individuals, in the community, to install a legal condo association, constitution and all. To date we know the paid positions have gone from one to three, possibly up to six, we have not been provided an expense or budget statement for expenditures, real or projected. We have been told what the security guard will be receiving but nothing more. We have been told what to pay, which was dictated by these individuals, with no recourse. The constitution for this association has not been passed nor requested information provided. I have been told that I will get this information after I join the association.
We do not wish to join the association as 1) we don't have any information on how large or expensive the executive will be, 2) even paying the monthly informal agreement amount, no improvements or maintenance was performed in and around our property, 3) there are no guarantees or restrictions on spending or allocation of funds, 4) there are no stipulations as to how often or high the monthly amounts may be increased, 5) we do not feel we should have to subsidize the monthly incomes of up to six individuals where prior to last year there was not one paid person doing the administration. We well understand the need for the administration of the community so that is not the issue.
Question is: What are our legal rights or responsibilities under these circumstances? Under D.R. law can we be forced to join this association, although we purchased prior to the formation and it would be entirely against our wishes?
Any information regarding condo association rules in the D.R. would be vastly appreciated.
Thanking you.
Heather
We purchased our property 3 years ago in a gated community. When we purchased there was no formal condo association just an informal agreement to pay a monthly amount that went to maintaining the community i.e. street gardeners, street lights, etc. The individual who administered this fund took no compensation for these tasks until last year and then a new administrator came in and was paid a monthly stipend of RD $4000.00. This person has declined to administer the fund and the community any longer as it was becoming too time consuming.
This past year there has been a concerted effort by some individuals, in the community, to install a legal condo association, constitution and all. To date we know the paid positions have gone from one to three, possibly up to six, we have not been provided an expense or budget statement for expenditures, real or projected. We have been told what the security guard will be receiving but nothing more. We have been told what to pay, which was dictated by these individuals, with no recourse. The constitution for this association has not been passed nor requested information provided. I have been told that I will get this information after I join the association.
We do not wish to join the association as 1) we don't have any information on how large or expensive the executive will be, 2) even paying the monthly informal agreement amount, no improvements or maintenance was performed in and around our property, 3) there are no guarantees or restrictions on spending or allocation of funds, 4) there are no stipulations as to how often or high the monthly amounts may be increased, 5) we do not feel we should have to subsidize the monthly incomes of up to six individuals where prior to last year there was not one paid person doing the administration. We well understand the need for the administration of the community so that is not the issue.
Question is: What are our legal rights or responsibilities under these circumstances? Under D.R. law can we be forced to join this association, although we purchased prior to the formation and it would be entirely against our wishes?
Any information regarding condo association rules in the D.R. would be vastly appreciated.
Thanking you.
Heather