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Subject: Wow,,can someone help with this..big problem
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Author Messages
RobertR1
(South Carolina)

Posts:2147


12/30/2007 6:31 AM  
Paul,
Just to mention that if you buy a garage or own a garage, your apportioned assessment should reflect this asset, otherwise the owners that don't have garages are paying for the external maintenance of these garages. A can of worms and a problem that is huge for a new Condo owner to have to sort out. He has a lot of investigating to do before he starts zeroing in on specifics. There is nothing we know that tells what all has gone on and is going on. Patience will be a big help for him, and see the job through will require a lot of conviction.
PaulM
(Pennsylvania)

Posts:1347


12/30/2007 6:53 AM  
Robert: thanks for your note. To ensure that you and I do not confuse Kevin any further with his garage dilemma, my statement cited taxes..."If you 'buy' a garage, do your taxes then increase since your property owned is increased?"
My meaning is for local taxes based on property owned, not Condo assessment fees.

Hopefully Kevin will take all the posters' good advice and will surely refer to his documents (for which he paid $50!!!) to gain knowledge.

A Happy and Blessed New Year to you and your family!
KevinJ1
(Florida)

Posts:51


12/30/2007 6:58 AM  
Hey,i pesonaly checked the house meter and know that the garrages are tied to it...i ask the P.M.whose paying for the garage electricity and she said every owner..i replied how is that when the garages are tied to the association electrical meter..she then give me the old chesser cat smile and said yea your right....believe me if you think this can not run an electric bill up ..just put a freezer in every garage..there are lights ,garage opener,and a 20 amp recptical per garage times 80...some people run a repair shop fixing other peoples cars in them..if this was minor or trivial i would'nt mind....evan i'm looking to get a garrage and i think 30.00 a month is fair..and i ask the same question about the taxes because the appraisers office would love to add garages to the deeds because the taxes go up...also no i cant find in what i was sold for 50.00 dollars one thing that talks about garages period..only parking spots..and parking spots are not designated to indaviduals..you can park anywhere..hey,our association pys over 55000.00 dollars a year in electricity...i found this out and decided to see what i could do because i'm an electrical contractor and most of the common area lights stay on 24/7 so i wanted to see what could be put on a timer or photo cell and let the association know how we could save 8 to 10 thousand dollars a year ..i suggested to the H.O.A. to put certain lights on photocells and i would do the work if they bought the photocells and i also told them about the garages being on the association house panel which i believe they alredy knew about..but for some reason they don't care..i don't understand why..also our budget is aruond eight hundred thousand dollars a year..yea i have dues of 360..00 a month..i don't mind paying as long as i'm getting somthing out of it ...thanks guys hope this helps some..
LindaC3
(Florida)

Posts:526


12/30/2007 6:58 AM  
KevinJ1..............Good Morning from sunny Florida....... After reading your post a few times and being associated with the construction industry here in Florida also with the planning and zoning depts.... I would suggest to you that you contact someone in the Orange COunty Fl...Planning and Zoning Dept to find out what documents were filed with them with regards to the ZONING CHANGE from rental townhomes to Condos...
It is a complicated issue with regards to the garage issue you post about... There were numerous of these types of dwelling conversion over in St Lucie County a few years ago and the same issues about the garages...If memory serves me correct , and it has been known to fail me at times, it has something to do with the garages being part of the " common ground " as to why the garages are not part of the "unit" themselves. You also need to check your Condo Docs with regards to the liablity issue and insurance coverage. Also verify about the "use" of the garage AFTER the unit holder no longer owns the condo..... A garage by definition in the code is to be used for storage of an automobile, not to be confused with using as a STORAGE UNIT per se......I would also suggest tht you contact the Code Enforcement Dept with regards to someone possibly living in the garage...What a potential hazard in itself.......
You will find the people at Orange COunty Government a real nice group of people to work with.. I have always had a pleasant experience with them, even those times we disagreed on code issues in the construction end of things.....
Best of luck with this and PLEASE do keep us informed and if you need any assistance please feel free to drop me an email at my HOA ONLY email address lapdraft@hotmail.com

HAPPY NEW YEAR TO ALL AT HOA TALK...... May 2008 be GREAT FOR ALL.......

LindaC3
KevinJ1
(Florida)

Posts:51


12/30/2007 8:08 PM  
Hey,thanks Linda...hey my president tells me we are a C.o.A. not a H.O.A. can some one tell me the difference she says ita alot more strict and complicated..but where can i find the statutes and info on a C.O.A. Hey,Linda I'M in SEMINOLE County and i'll be talkig to the building dept this week..thaks for your help..
RW1
(Florida)

Posts:149


12/31/2007 5:31 AM  
Simple

Go to Google.com, type "Florida Condo Statutes" and you'll have plenty of reading to do.

You can type ANYTHING into google's search engine and find tons of info on any subject.

RW1
DanaA
(Florida)

Posts:116


12/31/2007 5:41 AM  
Kevin, you live in a condo and your condo association is governed by Florida Statue 718 (condo asociations). Single family homes are governed by F;orida Statute 720 (homeowner associations). They are similar, but separate regulations because condo ownership is a little different than single family homes. Google Florida Statute 718, and you can print it out, and read it. All condo associations have to abide by these, together with your condo recorded bylaws and covenents. Find those, and read them, too. As for your President saying it is a "lot more complicated", not. I am reading your post with interest, and like how you are motivated to solve your problem. Keep us posted.
RobertR1
(South Carolina)

Posts:2147


12/31/2007 6:00 AM  
Well said DanaA,
This poster impresses me as honestly trying to find out how things work and from what you read, the association is not being forthright. These names they flaunt around mean little in themselves. There are COA in South Carolina that are for some reason called Community Owners Associations, at least they call themselves that. It is what comes after this name that is important. Maybe some states define them differently, in SC a condo is: " The (Name of complex) Horizontal Property Regime, Inc."

The advice we give to get educated is as important as anything we say, I suppose. But, it doesn't take the heat off immediately for someone like this poster. Maybe we should preference all our posts with, "Patience, Patience, Patience!.
KevinJ1
(Florida)

Posts:51


12/31/2007 3:52 PM  
Hey,i want to thank both of you guys for all your well needed advice and knowledge..I called the Seminole County Tax Assessers office today and they are very eager to help get this mess cleaned up.When they started checking deeds and did not see garages,I don't think theylike that,although they did caution me that they may have heard of something happening like this before,they said something to do with the garages being a common area..so i ask when it would be my turn to park my car in the garage since my C.O.A. dues pay for the electric bill too.they laughed at that, and said a superviser would call me back on wednesday.but they also gave me the phone no# to the land sales mobile homes and condo sales division that governs condo's.after speaking with them they said they would at no charge to me send the entire 718 statute covering C.O.A. they also suggested they mail me a a division complaint form so an inspecter can officially inpect the Perspectus condo docs and official records of the association to see if it is legal..the website is at www.myfloridalicense.com click (direct to our division)and then go to land sales condo's and mobile homes to download any forms..but i still don't know how this is not against my constitutional rigts..how can the association make me pay for something that i dont get the privaledge of using..is this not non garage owner discrimination or is it garage owner favertisim....i'm not sure but i o know that my prospectus,condo bylaws or rules and regs do not mention a garage anywhere in them period...also i think the C.O.A is more owner friendly..they suggest that the association and the owner do a volinteer meadiation and a lawyer from the state mediate the meeting for free because they say the owner can't take on the C.O.A. and take on the fees that would be required to be payed...so i will keep you guys updated as soon as i hear from the county and state ofices...once again thank you very much for your help and knowledge...thank you Kevin
RW1
(Florida)

Posts:149


01/01/2008 5:13 AM  

Kevin,

Good to see you using your CIVIL RIGHTS and engauging the local govt. to help you. (Yes, I said "help".)

There is obviously precedent here, the Tax Assesser official told you. It may have even been tested in the Courts. This should be considered Great News!

This will be the easiest way to sort it out AND the B.O.D can't "bully" your local govt. officials.
I believe you will get an answer... eventually... and I might cost some Assn. money... and you might not like it... but at least you help make things right-er.


As far as your CONSTITUTIONAL RIGHTS, you "surrendered" some of those at the office where your bought your condo. The list of them can be found in your Governing documents. Most likely there's alot of them!


Study those FL Condo. Statutes and all the [your] COB materials you can.


You will get answers to your questionsm HERE!

Happy New year

RW1
PaulM
(Pennsylvania)

Posts:1347


01/01/2008 8:40 AM  
KevinJ1: Hey, great news! You are making exceptional progress with your investigation. You have finally found an ally with the tax assessor's office, especially if the tax base is involved over whether anyone 'owns' or just 'rents' the garages.

It is still imperative that you study your docs. For you to "not be sure" if garages are mentioned is not a position of confidence for you. I can't stress enough how important it is for you to know what your documents state, especially prior to the 'inspector' looking over the docs on the assn's behalf.

The fact that this assn. is a 'conversion from apartments' 2 years ago, causes me to think someone dropped the ball re assn. document specifics, and its finally going to be brought to light. Take your time, step back and let the authorities now do their stuff. Consult also with the local municipal office because the docs had to be recorded by the developer with them. Keep current and continue to present a concerned and grateful manner with the authorities--
together you will come to the truth! This is a great testimony to the local authorities, assn. resident/s, posters, etc. can work together to get to the bottom of things.

Don't forget us when you have finally resolved all the issues. We like to hear good news!!!




KevinJ1
(Florida)

Posts:51


01/01/2008 9:44 AM  
Hey Paul/RW,Thank you for your support and advice it is very well needed,I would be willing to bet that from what i've been reading in my C.O.A.documents that someone did drop the ball on this..the reason i think this is i looked up the definition of a garage and it states =a building or indoor space inwhich to keep a motor vehicle...nowhere in my my set of condo docs does it say a single word about a garage..it speaks of storage spaces(not a garage) and of parking spaces.it says see Exhibit 2 i looked at Exhibit 2 and it shows only parking spots outside and states 397 parking spots and without the garages included their are 397 spots..also i was looking at other floor plans, there is about 8 different plans and 2 actualy show an attached garage.the exact same unit as mine(same sq footage) but with an attached garage is 16.00 dollars more a month C.O.A. fees..why is that???? C.O.A. dues are based on sq.footage....so why are these people paying more....could it be because the garage .but wait garages don't exist,garages dont get deeded ,garages are part of the common element,garages can be bought and sold with a bill of sale..so i'll get to the bottom of this and keep you guys updated as i find more and more things..and keep sending advice i would'nt be this far with out it....so keep it coming.thanks Kevin
RobertR1
(South Carolina)

Posts:2147


01/01/2008 11:57 AM  
Kevin,
Loss the idea that square footage is used to set your fees (apportionment) Elsewhere recently we have addressed the reason the apportionment (what you pay each month). All these apportionment figures are required to be filed in court house and also the original filed with your Board. Look at those numbers and then see what each unit pays/month. The fact that this is a conversion leaves the gates open foir all kinds of shenanigans. To repeat again, the apportioned number are set when the value of each unit is FIRST DETERMINED BY THJE DEVELOPER. This figure will be the first sale price offered on each unit. It makes no difference what it is now. You add up the value of all the properties (units). You devide this number into the figure that the unit sold for. This will give you the apportioned figures and they will end up to be 100%. That means each individual owns that portion of the whole and his fees will reflect the value of his property. If someone dropped those garages out of the real property (all the property), you have a confusing situation which you already know. Give this post to your board, see what they say. They need to get this straight and they are responsible because they are privy to this information. This is not any attempt to usurp the Board, it is just my opinion and I am comfortable to state it.

For you Kevin: To even consider that somehow these gararges weren't considered when the place was built and reflected the unit prise is not how to look at this. They are there, they add value to the whole, no one gives away garages, it't property, it has to change hands unless it is destroyed and even then the land has value.
CarolG
(Alabama)

Posts:7


01/03/2008 8:46 PM  
are the garages common area who maintains the maintenance on them are they governed by the condo documents on what can be put in them or stored in them are they covered under common property ins. if the answer is yes in Alabama you would have rights. it could be possible that this type of set up could cost you more than just electric bills. property value problems, maintenance for repairs, paint, so on higher ins for more sq ft. i think that your first step is to talk with your Board and a very sharp condo attorney. may be some documents need amendments
KevinJ1
(Florida)

Posts:51


01/04/2008 3:09 AM  
Hey Carol,thanks for the input,but thats the problem.i can't find one mention to a garage in any condo.document that cost me 50.00 dollars.so to be on the safe side i certified a letter requesting any and all amendments,addendums and changes to any and all prospectus,bylaws and rules and regulations....the condo floor plans clearly show attached garages on the blue prints,but as i said no mention of the word garage.also i'm filing a request for inspection of the garages with the florida land sales,condominiums,and mobile homes..i hope by them not mentioning garages in the condo documents that they become part of the unit,since the garages ar owned by owners...but yes right now all insurance is being paid for by the association on the garages..evan though they are attached to the units and can be entered thru a door from the unit...thank you for you advice and if anyone has some more advice or suggestions please keep it coming..thanks kevin.
DonnaS
(Tennessee)

Posts:2832


01/04/2008 6:20 AM  

Hey Kevin,
I searched Florida Statutes and found no reference to C.O.A.s. Is that what your Atricles of Inc state that you are or is someone just calling it that? I would assume that they mean Condo Owners Assoc but one never knows. How old is your place? If indeed you are a condo association , then YES, you follow Statutes 718. Who owns the garages is mentioned under Common Area and should definitely be under there somewhere. If it is not under common, then your deed will have it but because it is part of the EXTERIOR structure, it is common area and the Association is responsible for the insurance on the outside walls, just like you own the inside but not the outside of your unit.. This should not be a mystery.
RobertR1
(South Carolina)

Posts:2147


01/04/2008 6:24 AM  
Kevin,
Above you state: You can't find any mention of a garage in your documents.(You paid $50.00 for them, we get it). Do you have any listing at the end of your documents that reference "Exhibits" or attachments? You probable have a section that says something like "Description of property and it will reference where this information is on file in the court house. Copy this section and take it with you to the courthouse.

Then you say the condo plans clearly show attached garages (where did you get those Plans? Are they really plans or just artists renderings?

Then you say you are going to send (I assume) the board a certified letter requesting they send you this vast array of documents. They are likely to ignore you or go out and hire a lawyer or start paying the one they have by the hour. That will only cost you money. I suggested you go to the court house and review all the documents on file there. This costs very little if anything and tells you a lot more than what you know. I would assume the legal process you started will grind it's way through this mess but in the meantime, try and build bridges with your Board. You both have to realize there is no enemies involved here. You may have to demonstrate where your interest comes from. They may consider you a trouble maker. That is no problem really because your actions should always demonstrate your loyalty is to the association, not to the individuals elected. Respect, courtesy, honesty, you owe the board, you elected them.
Don't fight to prove yourself right, fight because of your loyalty to the Community and the real fact that you signed some agreement that you would support the association by being involved.
It appears in you case the process has started. Monitor what is happening and maybe push to keep it in the forefront as it goes along.

Offer the white dove to the Board and discuss how the association is going to handle this. Offer to help. Request a meeting with them with mutual benefits on the agenda.

Keep records of everything you do and make sure everything you do is legal and visable to all. You are starting to pick up bits and pieces of information, put all this down in a log and how you obtained the information. Go to courthouse, you will be pleased with all the stuff you will find, copy the good stuff and make files.
KevinJ1
(Florida)

Posts:51


01/04/2008 1:31 PM  
Robert,Idid not elect this board....read the post from the beginning.not one reply....this is costing me and 180 other owners money and the association money,so let me say if the board cared about the money they would get the garages put on seperate meters and the garages put on deeds how much money do you suppose that would save the association..the board memmbers don't care because they own garages( all 5 own a garage) so they are going to keep this way back on the burner...read the other posts as i have said this several times....these people don't want to pay the assesed taxes,the electric bills or the insurance it will cost for these garages they want the association to pay it.thru help of others i have read and now understand florida statute 718 which covers condo associations,like others have said sometimes taking the board to court is the best and only solution,also they know that there is no bennifit to this for them thats why they put this on the back burner,i will not accpt 6 or 8 monthes down the road as an answer of when it might be able to be discussed..
RobertR1
(South Carolina)

Posts:2147


01/04/2008 2:43 PM  
Kevin,
I read you posts, all of them. You also posted that you were going to get resolution from the state. I also suggested you go to the court house and learn about your association.

But much more than all of that, when you resolve this garage issue, the world don't stop and all is bright and shiny new. You will still have to deal with your association. It will have a lot of the warts then as it does now. Don't make your job harder and feel you solved all the problems. If what I read from your posts is true, there are going to be some very unhappy people around there and unless you are moving you are going to contribute to to restoring order. Make friends, not enemies, do not go around shoving this down someone's throat, unless you agree to be part of the solution.

Kevin, it matters not who selected the Board anymore than it mattters if you move from one state to the other and didn't elect your representatives.
I'm not against you seeking court resolution, you have to make tha decision. But know what it means when you do it, and it will probably turn into a fight of attorneys and cost a bundle. Get the mess straightened out, if possible, in house. Right, wrong, makes no difference your association will have to pay, in one way or another, protect it all you can, it will still be there when this is settled.
KevinJ1
(Florida)

Posts:51


01/05/2008 8:51 AM  
Hey Donna,thanks for the reply,i thought the garages would be listed under the common area,s also but since the common area's in the rospectus state (the owners of each unit will own an undevided interest in the common elements of the condo minium) it also states (GENERALY SPEAKING, the common elements consist of all parts of the condominium property not included in the unit.....what i wrote is how it is stated..if it falls under this then i should have access to park my vehicle in any garage...so i then went to the "LIMITED COMMON ELEMENTS" and it states...(those common elements the use of which are reserved to a certain unit or units to the exclusion of other units AS SPECIFIED in this decleration) so i went to the LIMITED COMMON ELEMENTS and this is how its written..(each unit may have to the extent aplicable and subject to the provisions of this declarations,as limited common elements appurtennant thereto.) (a).patio's ,balconies,terraces,patios and lanais appurtenant to units. no mention of a garage none what so ever....(b) PARKING SPACES see atachment "2" i looked at attachment "2" and it shows 397 parking spots and not 1 garage...(c) STORAGE SPACES..i own a storage space myself .but thats not the definition of a garage anyway so thats ruled out...(d) miscellaneous areas ,equipment...a/c commpressers,heaterhotwater heater,closet roof space or ground slab..(no mention of a garage) (e).OTHER..any hall ways or elevater landings..also under definitions it states LIMITED COMMON ELEMENTS.they must be specified as such in the the declaration of condominiums..no where is garage mentioned or refered to .let me know if this helps Donna,thank you Kevin..
DonnaS
(Tennessee)

Posts:2832


01/05/2008 9:01 AM  

Kevin,
Were the garages built at the same time as the condos? Possibility that the docs were written before start of construction and were not included in the original docs. Developers do stupid stuff like that once in a while.

But as for what you have, the sentence of --" LIMITED COMMON ELEMENTS is where that dern garage should be mentioned. Okay, this is now where you need to get back to your original deed and check out exactly what you were granted. I wonder if those of you with garages have a different property tax base because of garage space. This is a mystery as to why they are there and no mention of them in the docs anyplace. Keep trying!!
PaulM
(Pennsylvania)

Posts:1347


01/05/2008 9:02 AM  
KevinJ1: You may have hit on something with your search of wording for garages!!! You say there is none. This again, seemingly leaves the garages out of the picture...so where does that leave the land space the "garages" occupy? This is definitely a matter for professionals.

I wonder what the garage area was used for BEFORE the apartments were converted to the condo? And, the mystery deepens...
CarolG
(Alabama)

Posts:7


01/05/2008 9:09 AM  
Kev i have most of the replies and it does not sound like you are getting much help esp from robert.Your Board has volunteered to work for the Assoc on matters concerning the Property. This problem is (I feel) a very important one. It needs resolution for now and the future buyers. It should not be put on the back burner. But do get all of your documents in order. Make a special appt. with the Board (in writing) to discuss this problem. It is their responsibly to come to a decision. Does your condo have a management company? If so they should be in on this meeting. You should not have to beg for results. If the answer is not in your condo laws then you still have the same problem. An amendment need to be applied Thur the legal system regarding the garages. In time to come you will not be the only one who is questioning this.
DonnaS
(Tennessee)

Posts:2832


01/05/2008 9:24 AM  

Carol,
Thank you for the post as we consider all posts food for thought. But just a gentle reminder, this is not a blog or chat room, therefore we have made special efforts to eliminate any pointing of fingers at another poster when you disagree. Your opinion and every other opinion is of value. Agree or not agreeing, does not make any of us experts (except Gloria, Don, Roger) and some of the management experts. So please eliminate that part of your posting.
Thank You, Donna
RobertR1
(South Carolina)

Posts:2147


01/05/2008 10:03 AM  
CarlG,
I don't think you are judging my advice correctly and I see little sign that Kenvin understand what I am saying.

Let's accept some facts.

Kenvin lives in a condominium that apparently was once rental property or something like that. When the property was built, some units apparently had garages. Those units were worth more because they had a garage and rented for more. The land and buildings have to be listed at the court house originally and if they are registered as a corporation and a condo now, they had to be a transer of property. That information is also in the courthouse. You can bet the county or whoever he went to(which I initially suggested) will be combing those court house records if they are going to pursue what we are accepting as the whole story. Now, as you know most condominiums use apportionment to determine fees for each unit. Those fees reflect the value of the individual unit in relatione to the value of the total value of the complex. If you have a garage that will effect your apportioned fee. It is obvious that not all these condos are the same, hence would not have the same value. This appoprtioned value is determined and will never be changed without 100% of the vote of owners.
I am sure you think when you vote in a condo election you all have one vote. Not true, legally you have an apportioned vote. If they do a special assessment you will pay your apportioned vote. This is what my documents say and I have strong knowledge to know all condominium are supposed to work this way if the value of the units are different. (garages) Believe it or not, as I have told Kevin a couple times, find out from his board if they use an apportioned system, the fact some have garages and some don't requires an apportioned syatem.
Kevin's story, and I take that at face value, requires that someone trace this property back through the court house. Either do it because I suggested it or pay an attorney to do it. No matter what side involved, and it looks like owners vrs BOD it is going to have to go to court. If they can't do it them selves. You do not want to go to arbitration without all the facts, they are in the court house, somewhere.

In closing, don't be judgemental about what I post and I in turn will not be judgemental about your post. Now if you have any better information than I what I just listed, please post it.
LindaC3
(Florida)

Posts:526


01/05/2008 10:19 AM  
KevinJ1...... I have been watching this post with some peaked interest .....If you would like for me to help you research this Condo Subdivision......could you send me the name of the place and the address to my HOA talk email address (lapdraft@hotmail.com) and I can research online for you to maybe help you out...The reason I ask for the address is so I can research thru the property appraiser web site to see about these garages and how they tied into the address and how they have them appraised for tax purposes.......Thanks bunches LindaC3
KevinJ1
(Florida)

Posts:51


01/05/2008 3:04 PM  
Hey,thanks to all of you for your advice and direction,Robert are you sure that the fees assessed by the association are not due to sq,ft. of the unit you own.i was told that in florida all dues are based on sq,ft. Donna is that true or have i been missled on that also.Linda i'll email you soon.but so you know i did call the seminole county tax apraisers office and they,are not being put on the deeds and they are going to look into the prospectus to see how they worded the garages(which they did not )to see why they are not being put on the deeds..they said they had a problem with this in another part of the county ,but those garages were mentioned in the LIMITED COMMON AREA. so they are trying to help ..I also wrote the ubodesmans office in Tallahassee because from what i found out thats who governs the actions of condo boards and associations...thanks Kevin
DonnaS
(Tennessee)

Posts:2832


01/05/2008 3:49 PM  
Kevin,
Yes, dues can be based on square footageif there are different size units within the entire developement. That you should be able to see if you look on the annual budget. There will be a difference in dues owed and that will tell you if different units are different. I'll bet that those of you with garages have a higher maintenance dues because there is more structure to maintain and insure(Remember that you said that the assoc pays the insurance) My Condo assoc has "villages 1, 11, 111, 1V, etc so each has a different dues according to sizes.

I feel very strongly that the coverage of the garages should be under LIMITED COMMON STRUCTURE OR ELEMENTS. This is where you own and maintain the inside (drywall,and any electrical) and the association owns the outside walls, roofs, support structures and drives or approaches. This is how it is done in almost all condos like this. It would be rare if it were not.

Don't look for much help from the Omsbudsman as he usually does mediations which will cost $250.00 on your side to initiate. And a lawyer is reccomended. I still think that your best bet is to get plans from your County and find out where these garages were deeded when your condos were changed from apartments to condos.
RobertR1
(South Carolina)

Posts:2147


01/05/2008 4:09 PM  
Kevin,
Let me ask you a question. In your condo does everyone pay the same dues?

In our condo and any like condo near anykind of water, location and view have $ value. Do you agree? If you had a unit with a garage and your neighbor didn't, do you think you should pay as much as him? Your place is more valuable because it have more value. Do you think you should pay as much as a unit that has three bedrooms when you only two? Do you think that this unit that has two bedrooms, less square feet, and is directly on the beach is more valuable than the three bedroom unit that faces a highway and overlooks the dump, has more square feet.
Condo documents apply to the individual condominiums, some condo all pay the same amount, period. This may be because there is no significant differences in value, but as you should now be able to see, this is not the norm. Differences from units to units sells property, you have to make the payments of that property fair. So, you drop old logics and try to simplify new logic. A very well known condo lawyer said: If owners would realize what the own in a condominium is the airspace they live in and a proportioned share of all the total property, there lifes would be much simpler. You think you are going to right these wrongsd because you are not going to let anyone walk over you.....great, believe what you want, but, in the end if you change anything it will be for all the owners. Criminal case excepted. You can get money judgements for that.
Also, try and understand the process to make those that are guilty of anything is just not there....normally. One good reason for that is the judges look at the law, and the law says, ultimately, the owners are responsible for what goes on, and this has been going on long before you signed up as a responsible owner.
RobertR1
(South Carolina)

Posts:2147


01/05/2008 4:14 PM  
Donna,
Right you are.
You are not authorized to post a reply.
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Forums > Homeowner Association > HOA Discussions > Wow,,can someone help with this..big problem



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