Real Estate Law
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For number one .. if lawyers letter for intent to file lien has an amount of 12K on it .... and then the lien registered is for 3k etc ...he's providing a grand total per his lien letter then supposedly reviewing the final lien which gets entered for 3k ... so there are 3 liens placed in total of 12K ..but he continues to send letters and even the validation from the property manager as the sum of all three years .. more a question of format here .. whats correct?
There have been various like 20 requests for validation of legal expenses that appear on validation analysis .. they fail to provide .. and/or they disapear all of a sudden replaced by another charge like misc....
DC has little enforcement power over condo associations .. thus everything goes to a civil court ,,,thus I just assume they add on charges thinking a lawsuit isn't financially feasible .. at the same time I can't get a resale package, I can't get access to any documentation.
I live in a 4 unit building ... I'm the only person who hasn't held a board seat...thus I have little ability beyond a court proceeding to challenge them.
I thought that upon 30 days of receipt of the letter if I asked for validation their collection activity should stop .... In 2013 they recorded the lien 20 days after sending the letter and provided validation 50 days after .. asking me for individual challenges to the debt ... this protocol can't make sense.....I'll tip or add more in at the end ...
There is also the issue of requesting the assessment balance which they have 10 days to do or the lien amount becomes unenforceable .... This can be proven 20 times over , maybe 100 ...their lawyer is from Maryland where there is a 30 day period.. Is this a feasible issue to raise or does a court look at it as a technicality ... The reason being asked is because I've wanted to sell my unit ... something that would require them to provide disclosures .. something they can't because of what started this entire process ... the president/treasurer cant explain where 40k went .....would the 10 day rule stand up as a valid argument in court ...
In regard to the FDCPA .... their violations are beyond obvious and intentional .. when the AG's office asked for the detail ... they agreed .. but instead of providing the information .. they took out a civil suit .. but never sent the summons .. suppose a scare tactic .. AG's office can't mandate they provide info in dc eventhough in writing they said they would.
This is about much more than 12k ...it's about 25K+ something I could pay .. I wont go into all of the other issues regarding this insignificant amount of money .. one though was destroying my personal property in an attempt to collect fees from my renters ..after they ok'd the contract.
The complaint is focused around the sale of my home .. something I wanted to do in 10/2010 ...yes 10/2010 ... I realize the assessment issue is their best issue do to the courts seemingly finding that you pay assessments no questions asked ... though cases involving financial fraud and cases involving repair of unit owners residence after damage have found for the unit owner .. these both apply.
I wrote way too much ... 1)but will the 10 day rule in dc have any teeth in court.
2)Damages awarded due to lawyer and HOA filing intentionally false/inaccurate liens amount to much.
3) Implications of filing liens incorrectly per their method of providing in lawyers letter total of all three but recording individual years violated FDCPA ( Note also that their grand total has been altered time after time as I bring up challenges)
4) Filing lien before 30 days .. an accelerated lien .. then taking 50-70 days for validation ... no implications? what would be their excuse they are registering lien before they take legal action in court .. so validation is provided before official civil action? Why ask me for detaited challenges 50-70 days after lien filed ... I'm assuming because they'll ignore the request .. but say they asked and then take civil action.
FYI my lawyer isn't what I expected ... great firm , etc ... but has been trying to get out of case due to being caught behind the 8 ball due to his letting things go unchallenged ....stuck with him due to the time delays and time delay that would result from getting someone up to speed.
sorry for long response ... do you know any good general or real estate attorneys in DC .. they all seem to work for CAI
Your one of few I've ever gotten clear and concise interpretation of the law from on here.
With that said, and again,I'll add in additional funds .... I'd like your take on a odd situation and what your opinion is.
One of my main complaints is that in 2012 ... after I realized the 40K missing ,,, our board hired a management company for 8k .. we have four units .. the hiring is unheard of in DC. But the board has made him the key contact ,, and refused to answer any questions or concerns ... I know that's a big problem for the board .,... but with that said.
He was brought in to secure the books etc ... The board hired him with only 27% of the vote .... Gray area it appears if they have authority to do so ... thoughts on what i should look at to determine hiring was appropriate... Note our entire budget before was 23k...
The main argument involves our annual meeting held in 2012 .... The meeting was held 2 days before the president was to sell his residence ...at this meeting a 40% increase in fees was approved and a 30K special assessment for accounting irregularities.
To form a quorum with over 67% of the vote ,,,,, they contacted a unit owner who had disappeared in the middle of the night 8 months prior... had made claims to the board he was in foreclosure and was unable to pay fees etc ....
He was the developer and unit owner of the 2.3 penthouse in the building .. his voting % was 44% ... he voted for these increases even when his agent said the unit was in foreclosure/short sale.
He voted I can only assume for one reason ... all of a sudden he was current on dues .. something the president needed to provide in his disclosures for the buyers lender to approve the loan.... with 44% of the "fees" not coming in ... loan would have needed 40% down.
He voted ... within days his voting rights were suspended, and he was view as a demissed premise .. due to DC Foreclosure laws .. which have stopped all of them due to regulations in constant rewrite the unit remains vacant.
Is their any validity to allowing him to vote for such an increase? Note the budget presented to the loan officer for the presidents sale was based on his assessments and special assessments being recorded on FStatements as cash .. I have a finance degree and those fees are receivables with a huge **** .. What do you make of this ... It seems so obviously fraudulent .. annual meeting in June, fiscal year starts Jan 1 .. meeting 2 days before Presidents home sells .. allowing missing home owner to vote when he'd claimed he was in foreclosure and unable to pay.
It's so bizarre, and the banks are afraid to say anything in regard to anything it seems .. but whats your take on how a judge or anyone else of authority would view this.
this is my last question and i realize i need to replace my lawyer .. but his delays have put me in a bind in regard to time and getting someone else up to speed in time to diffuse more serious actions like a lien foreclosure sale .. I have equity of 150K .. so I'd stop it .. but still ...too many detail to get someone up to speed
I appreciate your great straight forward answers ... confirmed what I thought was fact .. confirmed my biggest fears about lawyer :)
What about the hiring of the property manager in the first place ... the president and treasurer just went out and found him one day .. and the next day all communication was cut off ... Are they able to hiring someone with no vote or anything .. there were meetings ,,,, so a vote could have been taken ..... what would determine if his hiring was appropriate and met business judgement standard .. association was broke so we hire a property manager whos 40miles away and pay him 3 times the going rate .. with less than 40 percent of the vote if a vote supposedly took place ... will hit the button
Thank you .... I'm not exaggerating but they have done everything in their power to not allow me to see the financial records ... I have my CPA and finance background and can read financial and budgets ... Naively I expected someone to stop the nonsense but one fraud led to the next led to the next ...
i guess my question is what is a proper vote for a hiring ... can the board just hire him or did they need a vote .. if they needed a vote he was hired with 44 percent of the vote ... one being the president who listed his property for sale a week after they hired him.
67% is what is needed for anything needing approval ... What should I look for in our condo docs that may allow the board just to hire a property manager without a vote ...,,,,,,I don't think the board has the ability to do so without a vote .. but from your experience could they enter into such a contract with just notice they may hire one?
thanks again .. it pretty much says that any expenditure over 500 bucks needs the signature of two of the officers ... we have only two ... so i guess it would be ok unless the president who knew he was moving has a conflict of interest ... I think he does because the management company a one man company was responsible for providing all of the documentation the president needed for the sale of his home and even advertised it as professionally managed .... which is kind of a joke that we pay someone that amount of money for a 4 unit building ...where it was self run for 5 years until he wanted to move ... or I guess the business judgement rule would be in question ... when the condo association is broke ... we are getting rid of extra trashcans for pick up to save money .. what would be the rationale behind hiring someone with no management of building experience, who cost twice as much as other dc based mcompanies .. he lives 40 miles away ... and the condo association has the penthouse not paying dues etc .. hiring a mangement company for what? The answer is what I've claimed for years ... they found someone willing to cook the books for the loan the buyer of the presidents home needed ... so a management company was the way to use someone to make dues and special assessments owed by the penthouse guy ... cash ... when he voted for the 40% increase of fees and huge special assessment ... they found a guy who had no clue what basic accounting should be ...sorry for the ad lib it was ridiculous he was hired and he's stillaround because they need to keep him around ... he's 28 % of our budget and he collects 4 fee payments a month and pays like 2 bills all other are automatic...thank you very much for you help
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