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Question

I live in a condo building near Clayton, MO. For the entire time I have lived here the lockers have leaked in the basement level. The boards have sidestepped the real issues and now we have huge leaking, damaged lockers and I have just had an ABA inspector do an inspection of our locker and the report comes up with suspected mold - he stated verbally - there's alot of mold in the lockers. Air quality tests on Friday. I've sent Board numerous email requests to do something about this - they hired an Expert in April whose report stated what to do to remedy the water issues, so we can get this fixed - they just did routine gutter/pipe cleaning - our locker i still leaking alot. They have never answered one email. They just wrote up in the minutes of the Oct Board meeting that they invited us to come to the Oct Board meeting to discuss our concerns - that they had it on agenda and we didn't show. Flat out lie, one of many we documented. We want to escrow our fees. How do we do this.

Submitted: 33 days and 7 hours ago.
Category: Legal
Value: $28
Status: CLOSED
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Optional Information

State/Country relating to Question: Missouri

Posted by Tina G, BBA, JD 33 days and 6 hours ago.

Answer

Thank you for contacting our JA team for guidance.

I would report the matter to the local health department as well since mold can make the property uninhabitable. The housing authority should also fine them for the violations and put pressure on them to make the required repairs.

Instead of paying the dues into escrow just yet, I would get together and retain a local property law attorney to draft a demand letter to the board or legal action may be taken. There is obviously some fraud going on here if they are resorting to lies and not making repairs with the money coming in. Give them one last chance to clean up their act on their own or hit them hard with a lawsuit.

The state bar association can provide you with attorney referrals.

Please let me know if you need additional information.


Best regards to you,

TG

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33 days and 6 hours ago.

Reply

I appreciate your answer but we're way past the ask them one more time. I've already spent money on attorneys to get some of this straightened out - now I've spent another 310 on the inspection and will spend about 150 on the air quality tests. University City has come in and cited the Board about 30 times in the last two years for everything you can imagine.

So we are done - but don't have the money to hire an attorney. One of the Board members currently owes 2,777 himself - seems like a huge conflict of interest. He has for several years kept this running balance - have no idea what/when he pays.

My thought is to open an escrow account at the bank, escrow the money. The attorney that we hired two years ago - did the job of writing a demand letter for us to get the documents requested - basic financials - then told me he was the attorney for the property manager also.

The property manager flat out lied about something recently - she told the Board she would have her handyman lie that he never installed a light fixture on our deck - when in fact he did, did it wrong and it broke - so someone else has to pay this 600 cost - so we know we are up against the Board and Property Manager lying.

However, I think if we escrow our fees, about five other owners will do the same, and this will suffice to get the work done. So I'm looking to not hire an attorney, but to do this myself. Also, I have been a paralegal forever and do not want to ask any favors.

So my question in order to accept this is how to do this on my own - Should I go to my bank, open up a new account and put an Oaks Escrow Account title on it and then notify the Board that all fees will be escrowed until the work is done to bring (at a minimum) our locker up to University City code which states in one section 612.340 Air Pollution Nuisances Prohibited.-- 1. It is unlawful for any person, firm or corporation to permit or cause the escape of such quantities of soot, cinders, noxious acids, fumes and gases or other particulate matter from whatever source in such place or manner as to be detrimental to any person or to the public or to endanger the health, comfort and safety of any such person or the public, or in such manner as to cause or have a tendency to cause injury or damage to property or business. The escape of such matter is declared to be a public nuisance. Each day wherein a violation of this section occurs shall constitute a separate offense.

Thanks so much.

Maryann

Posted by Tina G, BBA, JD 33 days and 6 hours ago.

Answer

I see. Yes, you can open up an escrow account at a bank to deposit the fees until the property is brought up to code. I would do it at a bank other than the one you bank at if possible as this could appear to be a conflict of interest.

You should also demand the board foreclose or at least place a lien on the condo where the member is behind on payments as that is likely what they would do to you if you got behind in payments. I would also demand an accounting.

If you could locate an attorney willing to take the case on a contingency fee basis, that could alleviate your problem and get someone after the board besides the condo owners.

All the best to you!

33 days and 6 hours ago.

Reply

Thanks - should this be a business or a personal account? And how should it be titled. Also, if any other owners want to join in - can they just auto deposit their money into that account.

Posted by Tina G, BBA, JD 33 days and 6 hours ago.

Answer

It should be in the name of the property (condo association or whatever the name of the association you pay dues to) as a business account and set up so that the other owners can deposit their funds into the account as well.

Good luck and take care!

33 days and 6 hours ago.

Reply

Just about done - so does my name still have to be on the account to open it? Or can I just walk in and open an account in the name of the Association?


When I did alot of paralegal work I ran forensic accounting data on many domestic relations cases - so I am currently doing an "unofficial" accounting - of which they are very slowly giving me the documents. It's very interesting so far what I am seeing - nothing missing yet, just handled very strangely.

Thanks so much. This is the last question and I'll do the accept button.


Accepted Answer

Yes. That is why you should open it at another bank since you will be a signatory on the account.

Glad you are trying to get a handle on what took place. Will probably take quite a lot of digging.


You are very welcome. Glad we could help.

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Expert: Tina G, BBA, JD
Pos. Feedback: 99.1 %
Accepts: 
Answered: 10/20/2009

Lawyer.

licensed attorney for 12 years including employment, business, contract, domestic, and general civil

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