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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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We have had one embezzlement in 2012-2013 and when we had

Customer Question

We have had one embezzlement in 2012-2013 and when we had elections for officers. We had trouble getting people to run for office. We always had an Association with President, Vice President, Secretary and Treasurer, ACC Committee and 3 trustees. When we had the election in 2914, a person was elected and his name wasn't on any property in our Association. We always had the President and Vice-President acting as Bd. members, actually no separate Board Members. After this person was elected, he got rid of the secretary and the chairman of the ACC Committee for the reason that he didn't work well with committees and we were left with just the President, Vice-President, and treasurer who was the sister of the person was finished the year of 2012-2013 after the Property Manager resigned. They don't ask or vote for anything they do and they had shut down our sprinkler syster which we have had since our Association was developed. They also cut back on our landscaping by not having our general are watered as it should be and not trimming as it should be and not fertilizing or spraying for pests. We have lost many expensive shrubs and they have not been replace. For 3 1/2 years they put our regime fees in savings which we hadn't done in the past except for a month's worth of regime fees for emergencies. These two people without the treasurer are not wanting to run everything without consulting the homeowners. We didn't vote for raising regime fees for we have or at least they say we have over $24,000 and why should we raise regime fees. Also they hired a property manager without talking to us about it and having us vote as to whether we want a property manager or not. These two people manage the grounds which are deteriorating and have not had the records audited for the three years since we had the embezzlement. What can we do to get this problem settled before our home values are reduced to practically nothing?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: This is in Columbia, South Carolina.
JA: Has any paperwork been filed?
Customer: I have4 gotten signatures of over half the homeowners who want our records audited and we got an accountant, but the lady who has been Vice-President wanted to talk to the accountant which she did. Since then< I have talked to the accountant and I am not sure what she said, but he seems to want to do the contract with her. I told him since I was the one who approached for the homeowners that I wanted to see the contract to make sure everything was included that should be.
JA: Anything else you want the lawyer to know before I connect you?
Customer: There are a number of problems that haven't been fixed such as refinishing the pool; fixing one of the toilets in the pool house which keeps stopping up; marking parking areas for the lines aren't clear and some of the residents are having problems with their parking. The area in front of the pool area and where we enter the pool is very uneven and needs resurfacing for it is not safe in going through this area especially for small children. They don't seem to want to fix up the grounds just save money. I thought Homeowner Associations' purpose is to keep up the grounds. That is what was always done in the past.
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 1 month ago.

Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

Expert:  Damien Bosco replied 1 month ago.

It sounds like you are claiming that the board is breaching its fiduciary duty (they are not acting in the best interest of the association). Is that what you are claiming?

Expert:  Damien Bosco replied 1 month ago.

Hello. I have not heard back you. Are you still looking for help on your question? If so, please let me know. Thank you.