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KimberlyLaw
KimberlyLaw, Attorney and Real Estate Broker
Category: Real Estate Law
Satisfied Customers: 4219
Experience:  13 years of experience in real estate law: Foreclosures, Landlord-Tenant, Condo/Coop, Property Law, Deeds, Purchases/Sales, Estates.
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Our condo assn. is horribly managed. No contracts for most

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Our condo assn. is horribly managed. No contracts for most services. No contract to replace roofs for over $1 million, and no warranty. We are over budget and raiding the reserves to pay ordinary expenses. Is it possible to start a fee strike - deposit fees in an escrow account pending a change in the majority of the Board that controls things and allows all of this to happen?
Hello, I am happy to assist you today.

Not paying your fees would be a very bad idea, because it would just hurt everyone and not achieve what you want to achieve.

Your remedy is taking them to court and having the court order them to operate in a better way. It is unacceptable that they don't have contracts and are dipping into the reserves when they shouldn't have to. This is definitely grounds for a law suit.

Just keep in mind, if you lose the law suit you will likely have to pay their legal fees. Most by laws and rules call for that.

Take care,
Kimberly
Customer: replied 6 years ago.
If I could afford to sue the assn. I would. I know there are many grounds for a lawsuit, but lawyers cost thousands of dollars, which I don't have - and can't risk somebody losing the suit and exposing me to the cost of their attys. That's why I want to starve the monster of funds to continue operating the way they have been. I need a low cost way that a grass roots movement can use to change things around here. We've sent a letter to the community - we have a BLOG with relevant information about the Board. Other than trying to vote them out - which we will try to do - how do we attack them? Rent strikes have worked. Why not a fee strike? Or maybe withhold the fee that would go to the reserves so they can't use that money anymore to fund the general fund. I don't know. I want to starve the beast before the waste more of our money. Lawsuits aren't the answer.
I certainly understand, but here you are asking me for your legal remedy. The law provides you with the right to sue, and that is your legal remedy. I do understand that it is not always practical. In fact, I would argue it is rarely practical.

The reason why a fee strike would only hurt you is because you would end up losing your OWN rights and interests to the common areas and any services. That isn't going to help you. I understand you want to starve them of more money to keep operating this way, but that's not the answer either.

I think a petition signed by every unit owner is the best way to start. You need everyone on your side and force a meeting with everyone to take place. Bad press can certainly help as well. Even TV press. But again, your "legal" option is to sue.
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