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Breach of fudiciary duties

breach of fudiciary duties
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Answered in 2 minutes by:
3/15/2018
Jessica B
Category: Landlord-Tenant
Satisfied Customers: 1,652
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified

Hello. My name is ***** ***** I am a licensed attorney. I hope I may be of assistance with your question. Please remember to rate my service at the end of this session. Thank you! Which type of fiduciary are you referring to? Trustee, executor, power of attorney?

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Customer reply replied 4 months ago
I am a condo owner.
I believe the breach would be with the association ?

Ok what do you believe the condo association has done?

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Customer reply replied 4 months ago
They authorized to water line repairs without my consent when i was at work. One of the 2 repairs was for a waterline under the sidewalk. I very strongly believe that the second water line repair is not my reposnsibility. They have ignored me. POsted both bills to my COA account. and contacted a debt collecting attorney. All i wanted to know was how the determined the undeground pipe was my pipe. But they will not speak to me at all
Customer reply replied 4 months ago
i dont understand how someone can make repair decisions without consent, post the bills to my account without consent and when i ask about the work detail they dont asnwer my questions but contact an attorney

I see. Ok, the first step is to send them a letter outlining your arguments and also requesting proof of the determination that the pipe is yours. You will want to send this letter certified. The reason you do this is in case this ends up in court. If it does, you can show the judge that you acted reasonably and simply requested proof from the association. Also, by sending it certified you will be able to show the judge proof of its delivery so that the association can't deny receiving your request. The rule of thumb is to give them 10 days to respond to the letter.

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If there is no response to the letter than you will want to retain a Condo Association attorney.

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Customer reply replied 4 months ago
I Did. they wont respond it has been 7 months. Do I have any legal ground. Asking proof was such a simple and justified question and they wont talk to me at all. They even hung up on me

Yes you are entitled to the information. They are demanding you pay for it, you are entitled to proof of what you are paying for.

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A judge is not going to like that a company won't simply prove the costs and the work completed.

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Customer reply replied 4 months ago
is withholding information criminal Fraud?

It is not criminal but it is grounds for not having to pay the cost of the work.

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Customer reply replied 4 months ago
i paid it though "under Protest" They started to apply my monthly association fees towards the bill and then it looked like I was delinquent on my association fees They forced me to pay it.

You definitely have a right to request the information. Since they are not providing it, you may have a claim in court for reimbursement of the charges since they supplied any proof of the charges or how and why they were your responsibility.

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Customer reply replied 4 months ago
would that be small claims court? and can I take the individual to court that made the decision by herself? She acted alone

Yes it is small claims court. You will want to name the association and the woman, individually. Basically you want to cover all your bases.

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Customer reply replied 4 months ago
Can I separate her from the association since the Bylaws State that i could "be responsible for their attorney fees." In the Bylaws it says if "breach of fudiciary duty, fraud or gross negligence is allegged then they are not entitled to be represented bythe attorney

You separate her from the association however you want to sue both.

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Please let me know if you have an additional question. If not, please remember to rate my service. Thank you!

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Jessica B
Category: Landlord-Tenant
Satisfied Customers: 1,652
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified
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Customer reply replied 4 months ago
thank you

Thank you!

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