“A man will fight
for his interests than for his rights.”
As the property slides further downhill, the owners split into opposing
camps. One group wants to remove the existing board and raise the
common element fees. They want live in a
building that can be proud of. They want
the building deficiencies fixed,
maintenance standards restored and their investments protected.
group of owners also wants to remove the existing board. However they
believe that the root of their problems is incompetent and dishonest
management. They have convinced themselves that, if they can stop the
present squandering of resources, the existing fees are
more than sufficient to restore the property to its past glory.
A third group is happy with the way things as they are. The present
board will not raise the fees so this group of owners will stick with
Fighting like cats and dogs
building becomes one unhappy place as accusations of corruption and
incompetence are mixed with insults, character assassinations and
(See how bad things got at Greenacres a homeowners association in Florida.)
Two rival boards battling for control of a Greenacres community's
finances prompted Valley National Bank to file an interpleader
complaint to determine who should administer a nearly $500,000 account
amid claims of fraud and misappropriation.
Time for an
At some point, a new board is elected that realizes that fees must
rise, sometimes drastically. When a large fee increase is announced, the owners may resist by
petitioning for a special meeting to remove the directors.
In response, the corporation lawyer may obtain a court order blocking
the meeting while the board applies for a court-appointed
administrator; in effect, a dictator.
The administrator raises the condo fees and taxes the owners with a
special assessment. He also aggressively demands all delinquent condo
fees to be paid in full. Failure to do so results in liens on the
units. Some go on the market as power of sales.
After a short painful period, hopefully the property stops its downward
spiral and property values stop dropping and start to recover.
Sometimes it does, sometimes it doesn't.
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