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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10220
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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Condominium laws specific to a "management" group that does

Customer Question

Condominium laws specific to a "management" group that does nothing but take maintenance fees and produces no "management". What are my rights regarding obtaining the by laws and agreement between this condominium group and the "management" group?
JA: Real Estate issues can be tricky and expensive. The Real Estate Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No, everything came to a head today when the "mgt." owner told me my condo group is "self-managed" and the "mgt" company would offer no help, all issues are to be taken care of by the residents! Why are we paying fees?
JA: Please tell me everything you can about this issue so the Real Estate Lawyer can help you best. Is there anything else important you think the Real Estate Lawyer should know?
Customer: This owner has been sued in the past for mismanagement just as FYI and this "mgt." group, as far as I can see does nothing to repair, fix, perform minimal upkeep, etc. When I asked for help with the removal of something today he told me the items would "sit and rot" as the mgt. company would not help in any way. It is a rather long story involving a "rule" where all residents in my "block" have been instructed to place all their trash on MY tree lawn for pick up weekly, therefore I am cited and fined by the city for the mess my neighbors create. The $75.00 bill I got today was the final straw.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 5 months ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you with this matter today.

Expert:  CalAttorney2 replied 5 months ago.

It appears you have 2 separate issues that you are working with.

First (your more acute or immediate problem) is the issue of your neighbors dumping their trash on your lawn, resulting in you being fined.

If the lawn is your separate interest, these individuals are trespassing and causing damage to real property. You can sue each one of these neighbors, as well as report them to the city law enforcement (police or sheriff's office) for dumping violations.

(Small claims will usually be sufficient to support the small claims suit. Law enforcement may or may not pursue the matter depending on how your Common Interest Development is structured, they may determine that this is a civil matter and you need to resolve it in a civil suit, such as a small claims action, but you can always contact them and make the report, use their non-emergency number to do so - you can find this in the phone book or on the department's website).

Expert:  CalAttorney2 replied 5 months ago.

Your second issue deals with the management of the Common Interest Development (HOA/Condo Association). This is a little more complex, but if the board members responsible for managing the complex have already been successfully sued for breach of fiduciary duty or breach of contract, this usually indicates that there is likely continued bad conduct (particularly when there are issues such as the ones you describe).

You can get copies of the Condo Association by-laws and governing documents, identify what exactly the Association is required to do, and then identify what the board is doing or failing to do. If the Board is failing to meet these obligations you can sue either the Condo Association (for breach of contract) or the individual board members (for breach of fiduciary duty), or both.

This is a general civil matter (not a small claims issue), so it does take a fair amount more effort, but most Associations do have attorney's fees clauses in them that do allow you to recover the cost of retaining an attorney if you prevail in the action.

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