An owner bought a garden ('basement') unit in our condo
An owner bought a garden ('basement') unit in our condo association about 20 years ago. The unit did have flooding issues which she claims not to have known about; I was aware of them because I knew the previous owner. She is a realtor; so my argument was that she, of all people, should have done due diligence before purchase, correct? Is the condo association required to correct the flooding in her garden unit using association funds? Does she have obligations to help prevent flooding? Finally, under the Illinois Condominium Property Act, I see on pp. 34-35 that alterations in the common elements require a 2/3 majority vote from all owners. Would this apply in her case if common elements are altered, i. e. only being altered if 2/3 of the owners agree to the expense?
Attorney At Law
Doctor of Law w/ highest honors
On June 2016, our condominium association took a binding
on June 2016, our condominium association took a binding vote without the benefit open board meeting to investment our reserve fund (($400,000.00 almost 50%of the total reserve) into risky Bond fund). Is this is legal. If not which court in New Jersey's court we should file the case. Our ADR is denied by the HOA. Department of Community affairs has no jurisdiction over penalties. we would like to go to the court to minimize the risk of loss of our monies to volatile Bond market.
Counselor at Law
I bought a condo through the Palm Beach County Auction
I bought a condo through the Palm Beach County Auction website last May;2016.I'm now preparing it to sell in the open market.Last friday I received a letter from a lawyer with a law suit on the following terms.GOLDEN LAKES VILLAGE CONDOMINIUM ASSOCIATIONPlaintiffsandCECIL E ROSEDefendantsAGREED ORDER ON DEFENDANTSMOTION TO INTERPLEAD PURCHASER GETULIO BASTOSThis cause came before de Court upon Defendant's Motion to Interplead Purchaser, Getulio Bastos and upon agreement of the respective parties and the Court being otherwise fully advises in the premises it is hereby"ORDERED AND ADJUDGED as follows:1 - That Motion of Defendant, Cecil Rose to Interplead Purchaser Getulio Bastos, attached hereto as EXHIBIT "A" is hereby GRANTED as of the date of this order.Done and Ordered in Chambers at West Palm Beach ......Signed and DatedJuly 26 2016Frank CastorCounty JudgeQUESTIONS:What is this?How do I respond to this?Can this interfere with my rights to the Property even though I have a Certificate of Sale by the County and my name appears as the proprietor in the Palm Beach County's Property Appraise?
We recently purchased an office condominium in Illinois. It
We recently purchased an office condominium in Illinois. It turns out that our office is next to a pump room, owned by the condominium association, from which we hear noise all day. The previous owner of the condominium said that they never heard any noises. The condo association has tried to get rid of these noises. At least this is what they tell us. But they will not let any outside professionals in the room to look for the noise. What is the law regarding this type of situation.
Counselor at Law
Where can I find the language addressing Florida Condo
Where can I find the language addressing Florida Condo Associaitions :1. Obligation to comply with new regulations requiring the installation of sprinkler and/or Engineered Life safety systems (ELSS) and2. The language allowing the new regulations on sprinklers at least to be "opted out of" by Associations?
My mother and I are both disabled-we live in a condominium
my mother and I are both disabled-we live in a condominium community-was a handicapped parking space in front of my building with a concrete ramp I was using-they sent out letters to all the residents saying they were going to repave the roads 1day before they repaved about 3 weeks ago the maintence guy was taking out they handicapped sign he said it was being replaced with a new one-well the the sign never got replaced after they tore the ramp down-no the parking space is just blank for anyone to use-I cant take mom out for strolls-because she is in wheel chair cant take mom to doctor appointments the other buildings in the communities have handicapped parking signs-have talked with the condo association there giving me the run around-talked to condo management agency they said they were unaware -I need help
Seems like it used to be in Florida deed restricted
Seems like it used to be in Florida deed restricted communities (Chapter 720) that boards were not allowed to adopt rules the conflict with covenants. Beechwood Villas, Hidden Harbour, Bay Pointe. "It is elementary that a board cannot adopt a rule modifying the provisions of the declaration or bylaws, without at the same adopting an amendment to those documents. Gordon v Palm Aire. Beechwood "...provided that a board-enacted rule does not contravene either an express provision of the declaration of a right reasonably inferable thereform, it will be found valid.." My board has put new rules in the Rules and Regulations that they have not put in the covenants. They claim the new rules "clarify" the existing covenant rule. That sounds like a smoke screen for running wild with new rules. Are courts now allowing association boards to run wild with rules, without doing anything to the covenants? Did I miss something?