Voting Issue

Audrey · Jun 27, 2005

Does anyone know the answer to this question? I have a condo in DR. I bought it last year and I'm paying the mortgage on it. During condo association meetings where we decide on important issues, I am told I have no vote and no voice because I haven't fully paid for my condo. I'm from the States and things don't work like that here. Here, even if you're paying the mortgage, you can still vote. Are they trying to pull a fast one on me or is this really the law? The owner has 80% of the votes because the other owners are still paying their mortgages, so it seems he is the association and therefore, there is no association.

Thanks for any help you can provide.

MerengueDutchie · Jun 28, 2005

Audrey said:
Does anyone know the answer to this question? I have a condo in DR. I bought it last year and I'm paying the mortgage on it. During condo association meetings where we decide on important issues, I am told I have no vote and no voice because I haven't fully paid for my condo. I'm from the States and things don't work like that here. Here, even if you're paying the mortgage, you can still vote. Are they trying to pull a fast one on me or is this really the law? The owner has 80% of the votes because the other owners are still paying their mortgages, so it seems he is the association and therefore, there is no association.

Thanks for any help you can provide.

The question is who holds the legal title.. if that is you than you should have voting rights.. if the contract states you cannot vote until you've paid in full or soemthing like that... or that the propoerty will not be yours until you've pad the mortgage in full.. then that's something different.

In the contract it should state who sells what to whom..but normally if you're paying a mortgage you would normally have the property as a collateral against the loan, but the property would be owned by you.. which gives you owners rights..

My advice is to read the contract and the association rules

J D Sauser · Jun 28, 2005

I don't really know as I don't know your legal status (status of ownership and lending arrangements). But...
Usually you are the owner, you owe money to a bank and have the real estate as collateral (mortgage) -> You vote.
The only other arrangement I could immagine is, that you don't hold title so probably the institution or person who lent you the money would... then that person would have a right to vote, vote which I would venture to guess that this person may turn over to you by the means of a proxy or a limited power of attorney.

... J-D.

Fabio J. Guzman · Jul 3, 2005

Generally, the title holder has the right to vote. However, sometimes the lender (a bank or a savings and loan) gets the right to vote while the mortgage hasn't been paid.

Ken · Jul 3, 2005

Audrey said:
Does anyone know the answer to this question? I have a condo in DR. I bought it last year and I'm paying the mortgage on it. During condo association meetings where we decide on important issues, I am told I have no vote and no voice because I haven't fully paid for my condo. I'm from the States and things don't work like that here. Here, even if you're paying the mortgage, you can still vote. Are they trying to pull a fast one on me or is this really the law? The owner has 80% of the votes because the other owners are still paying their mortgages, so it seems he is the association and therefore, there is no association.

If the owner holds the mortgage, it sounds like he intends to run things his way until he no longer can because the condo purchasers have paid off their mortgage.

Why don't you ask for a written explanation as to why you can't vote, including the document that says you can't vote until mortgage paid. Then, if you think that you are unjustly denied the right to vote, contact Fabio again for advice on how to proceed. If there are other owners in the same boat, perhaps you can get them involved with you, too.

You should also ask for a copy of the Condo Rules, if you don't already have one.

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Voting Issue

Audrey

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MerengueDutchie

Silver

J D Sauser

Silver

Fabio J. Guzman

DR1 Expert

Ken

Platinum