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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37120
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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What do I do about a housing association that does not perform

Resolved Question:

What do I do about a housing association that does not perform well and possibly isn't collecting dues properly?
Submitted: 10 months ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 10 months ago.
Thank you for your question. Please permit me to assist you with your concerns.

That very much depends on your role in this association. What is your role, exactly? Do you live on premises, are you a member of the board of this association? Please advise.
Customer: replied 10 months ago.

I am not on the board but I do live on the premises.

Expert:  Dimitry K., Esq. replied 10 months ago.
Al,


Thank you for your follow-up. If I may ask, what specifically is the Boad failing to do based on your evaluation? Please advise.
Customer: replied 10 months ago.

They are not holding the management company and it's contractors accountable for services and I am not sure but I do not think they are holding anyone accountable for there dues. I have not paid mine in about a year and they have not even sent a letter. originally the seller paid 6 mo dues upon me buying the unit and I didn't pay trying to get some attention to the issues with management but it seems no one is paying any attention to anything.

Expert:  Dimitry K., Esq. replied 10 months ago.
Thank you for your follow-up.

I agree, that does sound as if the Board may be asleep at the helm. Do you know if meetings are still being scheduled and/or held, or you have no idea?
Customer: replied 10 months ago.

Yes we just had an election and the neighbor said it was rigged by proxy votes. But I do not know what that means. I was not invited or I did not get a letter others did I am not sure if I am singled out or if there are others in my situation. I went to a meeting and told them of my problems in person and notified them that I did not pay my dues and still nothing.

Expert:  Dimitry K., Esq. replied 10 months ago.

Thank you for your follow-up, Al.

A 'rigged' election by proxy votes means that the board members collected votes from other home-owners and members of the association, and had those members sign agreements to turn over voting power to those people. In essence with a proxy vote someone can vote not once but as many times as he is holding a proxy vote from other members.

As for not being invited, ALL members in good standing are entitled to appear at a meeting. Some board meetings limit voting to only those who are in good standing (meaning those who paid up their dues), so in this case it may be best to try to reach out tot hem to see if they have intentionally failed to send you a bill, or if they mistakenly erred which is why you haven't paid anything yet. Either is potentially possible. If they intentionally failed to keep you current, that would be a violation, and one that would permit you to consider filing a personal suit as a member against the Board for 'breaching their fiduciary duty that they owe to the whole entity and to all of the members. But before you file, contact them and get an update. Filing may be expensive since there is no governmental agency that supervises these boards, you would therefore need to pursue them directly via the courts if you do not receive a satisfactory response.

Hope that helps.

Customer: replied 10 months ago.

What would I be looking to get by suing? A court order to do better or monetary?

Expert:  Dimitry K., Esq. replied 10 months ago.

Thank you for your follow-up.

If you choose to pursue legal action, you can sue for personal damages caused to you for their failure to perform, and the right to documentation such as meeting minutes and access to accounting statements. There is no court order demanding that they conduct better work, but you can sue to remove parties if they are in violation, and a request that the courts issue a special election for a new Board that is more willing to follow state law in managing the units.

Hope that helps.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37120
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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