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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 12955
Experience:  B.A.; M.B.A.; J.D.
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Is the xxxx Condominium run by the Unit Owners Association

Customer Question

Is the xxxx Condominium run by the Unit Owners Association one in the same... If the XXX Condominium is suing you , and you have a counter claim, would it be against only the xxx Condominium or can it be against the XXX Condominium only or does that include the BOD's the PManager etc etc ... I'm thinking they are one in the same , because the bylaws of XXX Condominium are the basis for the laws that govern the Unit Owners and BOD's... This is vitally important due to time, will tip significantly is I can get an online chat going ...
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 1 year ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.


Is the xxxx Condominium run by the Unit Owners Association one in the same...


Response 1:
Yes, it is.


If the XXX Condominium is suing you , and you have a counter claim, would it be against only the xxx Condominium or can it be against the XXX Condominium only or does that include the BOD's the PManager etc etc ..


Response 2: A counterclaim against the Condo is technically is against the Condo Association because that is who manages the Condos. If you have issues with Board members, then you need to add the board members and the property manager in their individual capacity. So the Defendants on your counterclaim would be the Condo, Association of Unit Owners, Board Members, A, B, C , D (names of individual board members and property manager being sued in their individual capacity. You need to add all names because you do not want anyone to get out on technicality. If anyone thinks that he or she is not the proper party, then the person would have to file Motion with the Court to request that her name be removed and the reason for it. You would be given a chance to oppose the Motion, to state why the party should remain as a party to the lawsuit. The Court would then make a decision after reviewing the testimony in the case whether the party should be removed.


I'm thinking they are one in the same , because the bylaws of XXX Condominium are the basis for the laws that govern the Unit Owners and BOD's... This is vitally important due to time, will tip significantly is I can get an online chat going ...


Response 3: See my previous response. Unfortunately, I do not use chat.

Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 12955
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and 9 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

Well lawyer filed a motion 2 hours before answer was due based on the Condominium suing me and not the condominium association ... there were a few other sloppy errors in their complaint making it difficult ( not really, technicalities) ti understand were the counterclaims against the condominium or the condominium association, as well as they used BOD's ... which we can't have .. we have a president ... blah blah ... so the motion will be granted he said .... either the plaintiff will have to refile ..( Most likely) or case thrown out ( not likely ) .. if the motion is granted ... other attorney contacted on Thursday never got back to my attorney ... so sent to Judge per DC Code) if they refile Wednesday, do they need to serve me again, if they do or do not, does the 20 days to answer start back over for my attorney ... I'm thinking yes .. which is what he wants because he hasnt done the work as he should.

Expert:  Phillips Esq. replied 1 year ago.

Well lawyer filed a motion 2 hours before answer was due based on the Condominium suing me and not the condominium association ... there were a few other sloppy errors in their complaint making it difficult ( not really, technicalities) ti understand were the counterclaims against the condominium or the condominium association, as well as they used BOD's ... which we can't have .. we have a president ... blah blah ... so the motion will be granted he said .... either the plaintiff will have to refile ..( Most likely) or case thrown out ( not likely ) .. if the motion is granted ... other attorney contacted on Thursday never got back to my attorney ... so sent to Judge per DC Code) if they refile Wednesday, do they need to serve me again,


Response 1: Yes, they do.


if they do or do not, does the 20 days to answer start back over for my attorney ... I'm thinking yes .. which is what he wants because he hasnt done the work as he should.



Response 2: Yes. You have 20 days to answer from the date of the proper service exclusive of the day of service—not counting the date of service.

Customer: replied 1 year ago.

So his motion isn't correct ,,, stating that xyz condominium should not be the plaintiff but that XYZ Unit Owners Association should be... It appears that DC law makes them different... The condominium is basically the piece of land the building the property resides on ... it's the XYZ Condominium Unit Owners Association that is subject to the rules and regulations of our bylaws, condo act etc... that XYZ Condominium can't bring a lawsuit, can't file liens, etc etc..

Expert:  Phillips Esq. replied 1 year ago.
So his motion isn't correct ,,, stating that xyz condominium should not be the plaintiff but that XYZ Unit Owners Association should be... It appears that DC law makes them different... The condominium is basically the piece of land the building the property resides on ... it's the XYZ Condominium Unit Owners Association that is subject to the rules and regulations of our bylaws, condo act etc... that XYZ Condominium can't bring a lawsuit, can't file liens, etc etc..


Response:
This is really a matter of technicality. If you are suing the Condo, you are suing the Association that manages the Condo.

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