New Condo Owner but president will not return my calls

Started by CathyW • 5 replies • 2266 views

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CathyW (Michigan)
Posts: 6

Posted:

I just moved in a Condo for which I was going to rent and when I did move in someone in the building had already spreaded lies about I have violated some rules and had to paid a fine. They contact the President and told him these lies and he never tried to find out if it was true. Well, then the owner was told that they have reached their rental limited that she would have to evict me or they would put her Condo into forecloser. Okay, now we have entered into a Purchase Agreement which is to be recorded and now the Board Committees and President will not answer to me or give me copies of the by laws. The Owner never had a copy of the by laws when she made the purchase either.

Can anyone tell me what to do with this situation?

HaroldS (Arizona)
Posts: 906

Posted:

Well Cathy - my first inclination would be to tell you to run, not walk, away from this situation. You have already gotten a taste of how this condo operates. That doesn't mean all condos are like that, but I wonder why you would even consider buying into this one with the experiences you've had already. You should have been given a complete set of governing documents to read BEFORE you signed your purchase agreement. You need to start asking questions with your realtor and the title company. Harold

BrianB (California)
Posts: 2,820

Posted:

this raises an interesting question: if no CC&R's are given to a prosepective buyer, is a contract actually entered into? Can the rules be enforced if they are never presented?

And who must provide the documents? The HOA? The Title Company? The realtor?

i agree with harold: run away.

If you can't, then get a copy of the CC&R's, and send a letter to the board stating that until you receive a copy, and for 45 days afterwards, none of their rules are enforceable. It isn't truly legal, but it will light a fire.

CathyW (Michigan)
Posts: 6

Posted:

Well Harold,
I purchase the Condo assuming this would settle all the issues with the rules and regulations. I did not come to this community to cause trouble or break any rules.

The President of the Board insisted that the only way I would be part of this community was if I was a Owner. Well now that I am he refuse to answer or return any of my phone calls or cooperate.

Well, now I am trying to find a way to get out of this, but I am not the type of person that let someone run me away, I try to solve the problem first. I know this is what they want me to do is leave, because wnen I first moved in they treated me with no respect. The Condo's are build on top of each other, so nothing but complaints.

I have a older son live with me, but yet they said I have kids jumping and running all day and night. I don't have grandchildren either.

Well, its just a big mess.,,,,,,

Thanks for response.

CathyW (Michigan)
Posts: 6

Posted:

Brian,

I already left a message with them about the charges, refusing to pay because I did not get any copies of the CC&R's. The 2 Owners before me were never given any CC&R's either.

Otherwords, I feel these charges cannot be enforce to me about violating a rule, since the rules has not been presented to me.

Now, since I did thi-----He will not return any calls--I just want to find out how to get all the information about this HOA's and what rights they have. The Board is mostly family members.

Good luck to me....

Thanks Brian

LisaS (Illinois)
Posts: 341

Posted:

You are bound by the documents regardless of whether you have seen them or not if they are properly recorded. If they are recorded, the 'run with the land' and are attached to your deed.

The title compnay should have advised you as to whether there were recorded covenants. The previous owner should have provided you with these documents, as they were the then-current member of the HOA.

You mention that you have signed a purchase agreement. If this is the case, then you are in the process of purchase, but not yet the owner. While most HOA's would not have a probelm with giving you the documents either way, this is likely the misunderstanding.

As well, if you are not yet the owner and still only have a purchase agreement, the fines should not be against you. You are not yet a member of the association. They would be against the owner you are buying from.

Lisa

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