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KimberlyLaw
KimberlyLaw, Attorney and Real Estate Broker
Category: Real Estate Law
Satisfied Customers: 4237
Experience:  13 years of experience in real estate law: Foreclosures, Landlord-Tenant, Condo/Coop, Property Law, Deeds, Purchases/Sales, Estates.
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Hello We own a luxury, waterfront condo. The residential

Customer Question

Hello: We own a luxury, waterfront condo. The residential units share a tax lot with a commercial building and a marina. It is a nightmare as there are FOUR Associations: marina, office building, homeowners, and Management (which is representatives from all three). The office building has one owner, the marina has basically one owner: no one gets along and the by-laws are set up so that the HOA gets only one Management vote, although we pay over 51% of common costs. Not surprisingly, the HOA basically has little say in anything and are a cash cow to the two owners, who couldn't care less about landscaping and lighting for example. My question: is it feasible to divide the site into phases, where the phase lines are the limits of each Association's responsibility? I'm thinking we could have blanket easements as needed, but eliminate the Management Association: if the marina and office building ignore their areas, perhaps we could pay and put liens on them. We are desparate!!
Submitted: 8 years ago.
Category: Real Estate Law
Expert:  KimberlyLaw replied 8 years ago.
Hello, I am happy to assist you today.

Of course, anything can be done here as long as it complies with the by laws. You need to get a copy of the by laws and any other rules that are in place and then follow the proper procedures to see if you can get this up for a vote. You will probably need more than a majority of owners to sign a petition in order to even get it before the HOA for a vote.

I hope this helps,
Kimberly