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Winston Mortain
Winston Mortain, Lawyer.
Category: Legal
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Experience:  27 years practice of law
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I own a condominimum in a 4 unit complex.. Approximately 2

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I own a condominimum in a 4 unit complex.. Approximately 2 years ago, some prior owners enaage with this property management company. The owners have since changed, and we recently did a re-vote. The vote was split 2-2. We are confused as to how the majority rulihg impacts our decision. My personal interpretation was that this management company is a cost and henfeforth requires a majority ruling from our complex. The management company replied with a self serving reply indicating that unless a majority rule was met, that no action can be taken (henceforhth, leaving his service in place).   I desperately need help and advice as to what happends in a split votes.
Submitted: 6 years ago.
Category: Legal
Expert:  Winston Mortain replied 6 years ago.

California Civil Code § 1350 et seq. appears to govern condominium associations such as yours, but it doesn't seem to answer this question.

Does the property management company have a written contract? If not, it could be argued that their position depends upon the continued assent of a majority of the owners. Another argument you could make is that the previous set of members could not create a contract longer than the duration of their several ownership interests. So, for example, if "Mr X", a previous owner, voted to hire the management company, his vote would be effective only as long as he owned one of the condos.

If you subscribe to this reasoning, the management company's contract lasts only as long as a majority of owners agree that it should last.

Winston Mortain, Lawyer.
Category: Legal
Satisfied Customers: 665
Experience: 27 years practice of law
Winston Mortain and 15 other Legal Specialists are ready to help you
Customer: replied 6 years ago.
Reply to Winston Mortain's Post: The association initially signed a one year contract back in January 2005; and merely continued with status quota. Now that we have new owners, are you suggesting that we have another vote? Obviously, we won't yield a majority which will delete his services; however, do you think that he holds a lot of weight by stating that a new vote would be required to take "new" action (new as he sees it as without a property manager)
Customer: replied 6 years ago.
--------------------------------------------------------------------------------

The association initially signed a one year contract back in January 2005; and merely continued with status quota. Now that we have new owners, are you suggesting that we have another vote? Obviously, we won't yield a majority which will delete his services; however, do you think that he holds a lot of weight by stating that a new vote would be required to take "new" action (new as he sees it as without a property manager)
Customer(Online) -- 0 Accepts/1 Questions
Expert:  Winston Mortain replied 6 years ago.

I was suggesting arguments you could use to terminate the management company despite the tie (which I gather you want to do).

But now that you have indicated the contract was for a fixed time, and that time has expired, you have a stronger case. Their contract is expired, and you would need a majority to take new action, either to approve a new contract or to approve payment without a contract.

Winston Mortain, Lawyer.
Category: Legal
Satisfied Customers: 665
Experience: 27 years practice of law
Winston Mortain and 15 other Legal Specialists are ready to help you

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