Real Estate Law
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They were requesting that I pay the amount awarded to them by the arbitrator. I sent them a check only for my association dues, and wrote for association dues, but they returned the check to me. I was then that I found out they filed a claim with the court, I in turned filed a counterclaim.
Should I be very detailed with my questions? Sometimes I feel bad for the attorney because when i'm being detailed, I send write a "book" for her to read through.
Once again, Thank you. I will always come back to you with questions as you are very knowledgeable and clear in your explanations.
Guess who have more questions for you . Just a brief update, I had to go to court and the judge said that unless the arbitrator committed a fraudulent act the judge will have to uphold the decision of the arbitrator. However, I now have the other unit owners getting involved and I have a meeting scheduled for Sunday.
What the basis of the meeting is about is any concerns about the association that the unit owners have. The timeline of events are as followed:-
In September of 2012, the President of the association claims that she had given a special assessment notice to all unit owners about the repair of my roof, although the other unit owners state that they did not receive notice of any special assessment. I forgot to mention that the special assessment was due on November 1, 2012.
In January of 2013 a lien was placed on one of the other unit owners property. The lien was for past due association fees, late fees, legal fees, and accelerated fees. No where is there an indication of any special assessment. Also, his late fees were not compounded but mine were.
In February of 2013, the current President in arbitration swore that all unit owners had received notice of the special assessment and are responsible for paying their portion of the special assessment, later (July 2013) in court she swore to the validity of her statements
My questions are:-
1. Are these enough grounds for myself and the other unit owners to have the president immediately removed from office so that we can investigate this and the other concerns of wrongdoing that the association president has been doing?
2. I received a letter from the president directly, although her boyfriend/property manager signed her initials to the letter, stating that No one knows about what has been transpiring between myself and the Association and if I throw any dirt on them to the other unit owners there will be a huge blow-back on me. I consider that to be a threat and should they follow through what should my recourse be?
3. I would like to have an audio recording of the minutes of the meeting but I suspect the president may not want to have it recorded, so if the other unit owners agree to having the minutes recorded and the president disagree, can I still have an audio recording of the meeting?
The only thing that I see that may be an issue is, any special association meetings being held need to be made to the board and the board will determine if they will call a special association meeting. The President is the only member on the board, which is what she detailed in her letter. I'm using this information because it is the most solid information that I have because to date, she has refused to provide me with the documentation that I have been requesting and throughout this entire process, the arbitrator and the court have not requested that information from her.
At this meeting, I was going to request that she steps down voluntarily and if she refused, schedule a meeting within most of the rules of the association. She will never approve to have this meeting.
Not exactly what I wanted to hear, but what I expected. As always, you are the best.
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