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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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We own properties in a condo and the association did not notify

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We own properties in a condo and the association did not notify me of Board elections which are to be held March 16. I am interested in running for a Board positions but Management is not willing to include me in the upcoming election. What are my options?

The bylaws of the association will contain the rules as to how notice for elections are to be posted or served on the members.

You will need to get a copy of the bylaws and make sure that the association followed the correct procedure. If the association did not follow the correct procedure, you need to write a letter to the association making a formal protest and asking that you be allowed to place you rname on the ballot. If that doesn't work, the next thing you should do is find out who the attorney is that acts for the association and call him/her and state your complaint and ask the attorney to act.

In the end, the only way you can force them to abide by the by-laws if they have not is to actually file a lawsuit. However, hopefully pointing out to them that they did not follow the proper procedure will be good enough.

-ZDN

Customer: replied 4 years ago.

I am looking up a copy of the bylaws and will follow your advise. Thanks.


I am very concerned about the lack of financial transparency of the condo, in that we do not receive any financial reports. Any suggestions of where I can get information ...from the state of fla regarding this particular condo association?

As an owner, you have a right to review the Condo's financial reports. You need to send a written request to association for a time to review the reports and state what period of time you are wanting to look at.

Is the association still partly controlled by the Developer?

Customer: replied 4 years ago.

No it is not controlled by the developer. Unfortunately it is controlled by the a board and the property manager who is a member of the board. We have not received Financial reports for 2012 and the utility company has sent cutoff notices several times. As an owner I want to get engage and request more transparency.

If the developer is not involved, then there is no legal reason they can use to keep you form inspecting the books. You as the owner have that right under the Declaration. A written request is the best way to get underway in obtaining the information you are after.

Please let me know if you have other questions. Also, please remember to rate my answer positively so that I might receive pay for my work on your question. Rating my answer does not end our thread and we can continue to communicate should you have further questions regarding this issue.

Thanks and Good Luck,

ZDN

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