Recently Purchased a condo and HOA is a disaster

Buyer Beware!!!

Didn't YOUR agent tell you all this?

That's who I'd be going after!

Jennise,
Oh my gosh, what a horrid experience for a young first time homebuyer. I hate to say this but your only hope is that you have hired a good attorney. The seller (president) and the real estate agent can be held accountable for non disclosure and misrepresentation among other things. I'll bet that you did not get any association documents at your closing, did you?

If indeed the building did have an association, it will be filed in your County Clerks office. See if you can find it there. Also, it should have been incorporated as a not for profit corporation which will be filed in your State. You can find those on line also. Those documents will spell out member (that's you) responsibilities as for running your corp. But most important, keep that lawyer going after those 2 bums who sold you the unit.

I appreciate your input and look forward to any additional input or suggestions from anyone.

I brought up the fact that we were misled with my realtor and the sellers realtor. After looking at a copy of my purchase agreement I remember that the purchase agreement was written contigent upon review of the bylaws because #1 I wanted make sure I could bring my puppy into the community and #2 I wanted to review what the HOA covered in regards to repairs. roof leaks, etc... When I received the documentation everything seemed intact. I had no idea there was no association. Even on my disclosure the sellers confirmed that there was an association.

I was told to learn how my HOA operated but I didn't think I'd learn this way.

Thanks for your help!

Our neighbor didn't seem too concerned until he tried to refinance his house. Although we repeatedly told him he did not have homeowners insurance I guess he didn't believe us. When he tried to refinance he learned that he didn't have adequate insurance coverage and had to obtain insurance in order to refi. I wonder why the insurance company didn't notify our Mortgage Companies. My mom and I wanted to compare our coverages so I called the company listed in my closing docs to ask a question and that is how I found out we were cancelled 2 months prior.

JenniseS:

Before meeting with the attorney, get your 'ducks' in a row. You will need to use this weekend prior to Monday to study, review, and dissect your official documents. Underline all that the ASSOCIATION is responsible for to the members, of which you are one. You can do nothing at this point with the seller of the unit to you; that is done, and it is your responsibility now to know what you bought into. If its of any help to you, we all have found ourselves in the same position since we "glanced" over the docs before settlement and we didn't really understand what "living in a self-governed community" means. Don't lose heart yet....we're all still learning!

Look carefully at your bylaws--they should state how the government of the condo community is to be handled--election of Board and B-members, terms of office, assessment fee for maintenance, etc., and reserve fund for capital reserve items (items noted specifically) for which the association is responsible to repair/maintain. Bylaws should also refer to liability insurance for Board members; this is not the same as you having homeowners' insurance on your unit--not on the land, necessarily--only on what you own.

You do not speak of a present Board who is in power, or of a Property Manager who you can contact. You need to learn if these exist. Your best source at this point may be a neighbor who has lived there longer than you who could give you a little history of how your condo assn. has been run. You have lived there for over 9 months and paid your assessment fee/s; some details should have come to light by now.

Attorney's fees are very high; you want to learn all you can before you speak with him or he won't know how to help you. Its better for you to investigate rather than pay him his hourly rate to learn info you can learn yourself. You will want to bring your bylaws with you and any other communications you have received FROM THE BOARD OR PROP. MGR.--also where/who you send your condo fee to. Good Luck and advise us of your attorney visit.