Condo HOA problem and what to do

[ncbill]

I'm a board member of our tiny HOA (22 units). A few years ago we made the mistake of trying to work with a dues-delinquent owner. We got strung along to the point where the bank foreclosed and there was no equity left to go after. The HOA was out thousands in lost dues and legal fees. We vowed never to try to be nice like that again and currently have a new homeowner who seems to have enough resources to update the unit but not enough to pay his dues. We figure he is in the process of flipping the unit and we have a lien implemented by our attorney and will force foreclosure as soon as we are able.

Hate to burst your bubble but when a first mortgage holder forecloses there almost certainly isn't enough equity left over to pay squat towards the HOA's lien.

And if the current homeowner is flipping all you need is to place a lien...you'll get paid when it sells...no need to incur the legal fees involved with foreclosure.

 

[Scuba]

OP, what is the size of your condo development? I live in a 66-unit building and we don’t have a concierge desk or on-site security guard monitoring cameras. The Board members all have access to the feed via the internet. No one sits and monitors the feed, but when incidents happen, the Board will take time to review camera footage. If an owner or tenant violates the HOA Rules & Regulations, they will either get a letter from the property management company or have the matter brought to their attention by a Board member.

I don’t feel it is unusual for your Board President to have a camera feed in his unit. It sounds like his interpersonal skills could be improved, but it also sounds as though there have been some violations which any HOA would likely want corrected. Having your DGF video any unpleasant encounters is a good idea if you don’t think there is any way to salvage the relationship with the Board President. However, it sounds like you aren’t likely to have the support of many other owners in challenging this person so it could be a difficult battle to win.

I wonder if folks on this forum recommending legal action live in condos and are familiar with common practices of HOA’s?

 

[sheehs1]

I have a condo as a second home on the Cheasapeake Bay, 152 units, low rise condos, 3 stories. There are 12 units in each building section (6 on one side of the shared stairs and 6 on the other). We do not have security cameras, but do have a coded entry gate.

Perhaps it makes a difference if it is a high rise.

Still, with security cameras, monitoring at front desk and a security guard, I do not understand why the HOA President has feed access. I'll be interested in what the OP learns.

 

[MichaelL]

OP, what is the size of your condo development?

I wonder if folks on this forum recommending legal action live in condos and are familiar with common practices of HOA’s?

It's 294 units, a 15 story building. It's possible that the cameras are on WiFi and others have the feed. The property manager I talked with didn't know. You are right, if I start a legal action it will be difficult living there. That's why I've tried to reason with him.

He reminds of people 50 years ago who would enforce the rule book and not try to solve problems. For example my girlfriend was selling her piano, and she had reserved the elevator like she should and the movers were there at the proper time to take it away. He sees the piano in the elevator on the camera and comes down and gets in her face and tells her that they can't roll the piano out the loading dock because the garbage truck is coming. She's frustrated and upset and calls me and I come down and ask him what we can do. He doesn't have an answer. He just tells me hows he's been there 20 years and we have to keep the rules and I'm causing a problem and the dock has to be kept clear for the garbage truck. In the mean time the movers just went behind his back and loaded the piano in about 2 minutes and were gone. He would have argued with me forever.

 

[MichaelL]

Have you asked the jerk why he confronted your GF?

Step 1: see a lawyer. If she is your guest you are entitled not to have your guests hassled. I assume she is arriving when your building doors are locked. Does she have a key/fob? We have fobs and carefully control who they are issued to. Have you registered a key/fob in the name of the GF? We require that visitors not accompanied by the owner sign a log. Do you have such a system?

If the Assn has lost control of the keys/fobs they should install a system that enables the Assn to disable the key/fob, it doesn't cost all that much. Our system even enables a particular fob to be used only during certain hours/days. A few years ago each owner had a master key and if one was lost the building had to be re-keyed. That worked well until an owner went to the hospital and died. His keys could not be found.

Step 2: read your condo documents, make sure the Board has Directors and Officers insurance.

Step 3: attend Board meetings. Recommend that the Assn hire a security firm to watch the cameras. Our building has suffered garage car prowls, we are considering installing video cameras. Residents are instructed NOT to confront, to call the police. We have posted "No Trespassing" signs at suspected points of illegal entry so that we can call the cops for lingerers on our property.

Step 4: run for the Board.

He likes to get in people's business. The hostility started when she went to a board meeting and presented an argument for me and won. My girlfriend has a lease and has a FOB. She lives there full time. It's a second home for me.

 

[Texas Proud]

I am wondering why some people have a problem with the president having access to the cameras?


In my mom's condo anybody in the building can view the cameras on their TV over the cable... we are talking about public areas where people do not expect privacy...

 

[Scrapr]

I am wondering why some people have a problem with the president having access to the cameras?


In my mom's condo anybody in the building can view the cameras on their TV over the cable... we are talking about public areas where people do not expect privacy...

my concern is a busybody President might have installed his own cameras and is monitoring them as well. Public & private areas. In his mind it's for security. Someone is stealing the toilet paper in the bathrooms....

I would mess with him on the cameras. Make out session in the elevator, move the potted plant 12 inches, put my feet up on the furniture in the lobby

 

[pb4uski]

^^^^ I like this guy.

 

[MichaelL]

I am wondering why some people have a problem with the president having access to the cameras?


In my mom's condo anybody in the building can view the cameras on their TV over the cable... we are talking about public areas where people do not expect privacy...

He doesn't just monitor the cameras. He comes running down and gets in people's faces when he seems something that he doesn't like. He does this even if the concierge or the property manager has it under control. He argues and doesn't seek resolution to the problem in a way that benefits the tenants. Hes' just a busy body blocker.

 

[Texas Proud]

He doesn't just monitor the cameras. He comes running down and gets in people's faces when he seems something that he doesn't like. He does this even if the concierge or the property manager has it under control. He argues and doesn't seek resolution to the problem in a way that benefits the tenants. Hes' just a busy body blocker.

I will agree that that is not good, but some people seem to think that just watching the camera feed is a violation of some kind... at least that is what I am getting from the posts...

 

[ivinsfan]

I will agree that that is not good, but some people seem to think that just watching the camera feed is a violation of some kind... at least that is what I am getting from the posts...

Is it a legal violation, I'm not sure but it certainly can be abused.....which bring up a whole different situation...

 

[Texas Proud]

Is it a legal violation, I'm not sure but it certainly can be abused.....which bring up a whole different situation...

I would bet that it is not here in Texas since I saw the feed on my mom's TV when going through the channels..


Not sure about other states... some might need a sign, but I bet they have them...

 

[sheehs1]

I am wondering why some people have a problem with the president having access to the cameras?


In my mom's condo anybody in the building can view the cameras on their TV over the cable... we are talking about public areas where people do not expect privacy...

If it is allowed for him or all living there to have feed access, it may not be the fact that he has it but as the OP said earlier, how he is using it and directly confronting people in a threatening manner. I have to trust that what the OP says about this is true.

In our condo community, HOA infractions are to be reported to a BOD Member who reports it to the Property Manager or directly to the Property Manager. Letters are sent out. No one physically confronts anyone directly ...unless it is about dog poop and they are caught in the act!

Yes all condo communities have different rules. I'm still interested in what the OP finds out.

 

[UnrealizedPotential]

I paid HOA dues for many years. I was sent a bill and paid it by check and mailed it. I was never late once. I never worried too much about it, but I did check to make sure it was paid on time. I always wrote a check and mailed it the day the bill was received.

So personally I wouldn't worry if the bill would be late . I would be concerned of the special assessments the HOA can charge the owners as this is unknowable ahead of time for the most part and one can be caught off guard. Like I said , I never had a problem paying the HOA dues on time. If I had a problem doing that, maybe I would consider automatic bill pay. Just a thought.

As to what you should do, I can't say.

 

[Kroeran]

This particular HOA president has lived there for 20 years and seems to have the others under his control. I think it would be hard to get people to oppose him. I objected when they tried to get me to pay $600 for something that wasn't mine to pay and the last time I saw him he got in my face and called me a problem.

Thee are three choices under condo tyranny.

1) obey rules strictly, only challenge big things, like an unfair $600 fee, keep your head down, don’t be bullied. Hope for a revolt.

2) organize a revolt and take over the board. Wear a body cam or have phone video on when moving through space he patrols.

3) leave

 

[Scuba]

It's 294 units, a 15 story building. It's possible that the cameras are on WiFi and others have the feed. The property manager I talked with didn't know. You are right, if I start a legal action it will be difficult living there. That's why I've tried to reason with him.

He reminds of people 50 years ago who would enforce the rule book and not try to solve problems. For example my girlfriend was selling her piano, and she had reserved the elevator like she should and the movers were there at the proper time to take it away. He sees the piano in the elevator on the camera and comes down and gets in her face and tells her that they can't roll the piano out the loading dock because the garbage truck is coming. She's frustrated and upset and calls me and I come down and ask him what we can do. He doesn't have an answer. He just tells me hows he's been there 20 years and we have to keep the rules and I'm causing a problem and the dock has to be kept clear for the garbage truck. In the mean time the movers just went behind his back and loaded the piano in about 2 minutes and were gone. He would have argued with me forever.

Yeah, some people are difficult to deal with and let power go to their heads. Still, unless there is a takeover of the Board by more benevolent owners, sounds like he’s part of the package.

 

[MichaelL]

Yeah, some people are difficult to deal with and let power go to their heads. Still, unless there is a takeover of the Board by more benevolent owners, sounds like he’s part of the package.

I got a big surprise email today. The management company wrote that there is a opening on the board due to the resignation of the president. I don't know any more but maybe he's moving to Florida or something.

 

[Cut-Throat]

I got a big surprise email today. The management company wrote that there is a opening on the board due to the resignation of the president. I don't know any more but maybe he's moving to Florida or something.

Told you to relax. Read my initial post to you.

 

[MichaelL]

Told you to relax. Read my initial post to you.

I'm relaxed, I'm relaxed already.

 

[Chuckanut]

I got a big surprise email today. The management company wrote that there is a opening on the board due to the resignation of the president. I don't know any more but maybe he's moving to Florida or something.

This is your chance to jump in and reform the system, make the place more pleasant live in, turn your ideas into reality, win friends and influence people.

Seize the day!

 

[Brat]

Great news! I wonder if the other Board members told him to shape up or ship out, threatened a coup. Now, run for the Board.

 

[Scuba]

Sounds like a positive development for you and the HOA. Good luck!

 

[sheehs1]

I got a big surprise email today. The management company wrote that there is a opening on the board due to the resignation of the president. I don't know any more but maybe he's moving to Florida or something.

Wow! Maybe he got more backlash for his actions than he was willing to deal with. Sounds like a positive for all living there!

 

[Ian S]

Hate to burst your bubble but when a first mortgage holder forecloses there almost certainly isn't enough equity left over to pay squat towards the HOA's lien.

And if the current homeowner is flipping all you need is to place a lien...you'll get paid when it sells...no need to incur the legal fees involved with foreclosure.

Not sure what bubble you're talking about but we are now well aware of the risks when a first mortgage holder forecloses. That's why it's not necessarily in the HOA's interest to place a lien and wait for foreclosure because as happened to us in the previous case, it took a long time for foreclosure to take place and meanwhile delinquent dues continued to accrue. Better in that case to force foreclosure and cut our losses. In the current case, if we foreclose, we will add the legal fees to the amount owed us.

 

[Texas Proud]

Not sure what bubble you're talking about but we are now well aware of the risks when a first mortgage holder forecloses. That's why it's not necessarily in the HOA's interest to place a lien and wait for foreclosure because as happened to us in the previous case, it took a long time for foreclosure to take place and meanwhile delinquent dues continued to accrue. Better in that case to force foreclosure and cut our losses. In the current case, if we foreclose, we will add the legal fees to the amount owed us.

Yea, do not expect that a house or condo will be foreclosed in any reasonable time...



Now, this was back in 09 so it was a different time... but we had looked at a nice house a couple of streets over from where we bought... loved the house... had plenty of room... the owner was trying to sell before it was foreclosed... he bought a new house and stopped paying on his... then rented it out....



I thought I had a deal on the house but it would now not pay off the mtg... so it fell through... about 8 or so months later I had our RE agent try again and we were able to get an agreement with the bank and the husband for a short sell... but his wife refused to sign anything so it fell through again...


Then a year later after it was foreclosed on I was going to put in a bid... they were willing to sell to me what I had offered for the short sell... but, after going to the house the renters had not taken care of anything... so a leaking roof caused the back wall to have mildew... the big dog they had scratched up everything that was lower than 3 feet... it was going to take some money to get the house fixed up so that was a 3rd time we did not buy...