tag:blogger.com,1999:blog-6739442929159985935.post405787387988216319..comments2023-07-11T04:30:30.172-07:00Comments on Condo Issues.com: It's Your Neighbors, Stupid.Tyler Berdinghttp://www.blogger.com/profile/03447615900980759254noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-6739442929159985935.post-28393974053431229772012-10-07T19:32:12.733-07:002012-10-07T19:32:12.733-07:00Excellent article in defining that the board repre...Excellent article in defining that the board represents the interests of the homeowners.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6739442929159985935.post-63435274115938546642011-08-17T00:20:15.919-07:002011-08-17T00:20:15.919-07:00To answer that last comment, you have to define &q...To answer that last comment, you have to define "not consistent." If you mean that sometimes they enforce a certain provision(s) and sometimes not without regard to who the enforcement is aimed at, then, if the violations are significant, the board isn't doing its job and the owners can decide whether to keep them or throw them out at the next election. If, on the other hand, you mean that the board picks and chooses against who to enforce the governing documents then that's discrimination and an owner who believes that he or she has been discriminated against (regardless of why or on what basis) can ask a court to stay enforcement. It may or may not do that depending upon how egregious is the discrimination and the degree of intent to discriminate.Tyler Berdinghttps://www.blogger.com/profile/03447615900980759254noreply@blogger.comtag:blogger.com,1999:blog-6739442929159985935.post-39937889346881472612011-08-16T22:34:31.626-07:002011-08-16T22:34:31.626-07:00When the HOA is not consistent in how and when it ...When the HOA is not consistent in how and when it applies the CC&R's are there remedies for the individual homeowner?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6739442929159985935.post-23027989385912932212011-07-18T22:16:31.984-07:002011-07-18T22:16:31.984-07:00Actually, the article is written about association...Actually, the article is written about associations that are beyond developer control and on their own--where the biggest disputes are neighbor on neighbor. I don't disagree with you however that developers use their control over the governing documents and the initial boards to insulate themselves from defect and other complaints. We have turned up many instances where the governing documents were rigged with provisions which, for example, trigger statutes of limitation prematurely or where the owners' power to amend the documents or initiate claims against the developer has been artificially thwarted with such things as super majority voting requirements or "as-is" clauses. If you are interested in those issues see:http://www.berding-weil.net/articles/when-your-ccrs-hate-you.php for more examples.Tyler Berdinghttps://www.blogger.com/profile/03447615900980759254noreply@blogger.comtag:blogger.com,1999:blog-6739442929159985935.post-9297686777284674562011-07-18T21:03:14.770-07:002011-07-18T21:03:14.770-07:00Your post ignores the all too common situation whe...Your post ignores the all too common situation where the "volunteer" board isn't volunteer at all, but a bunch of shills for commercial interests, typically the developer and its buddies. Under those circumstances, anything goes... and the developer bed buddies get away with murder at owners' expense. The classic fraud is warranty/defect evasion by developer. However, developers are adding sophisticated new wrinkles to this fraud... including extremely pernicious and predatory mixed-use condominium fraud.<br /><br />Owners may be naive, apathetic, and ill-informed, but more and more often, they're often kept or made that way deliberately by circumstance (i.e., fraud developer(s), fraud neighbors, and fraud rackets).<br /><br />So the "volunteers" in these circumstances aren't doing a thankless messy job, they're messing up the condo permanently for the developer and whatever outside considerations it has provided or promised to provide them. It's pernicious and well known in real estate circles. But the "professionals" typically keep it a secret and even scoff at the idea, even though it's surprisingly common... and growing.Anonymousnoreply@blogger.com