I'm a Condo Owner - who pays for what???

Question

OK, I am having tons of problems with the company that manages my condo. There was a problem in a common pipe, which just happens to be located in my kitchen. The repair of this pipe benefited both my unit and one other. After tons of fighting, the managing company has picked up the cost for the repairs. In order to do the repairs, though, they had to break open my ceiling and wall in 3 places, and they are now telling me they are not responsible for painting. It seems to me that if the problem was the result of a common element, they should restore my kitchen to the condition it was in before they sent their workers here.
Also, up until about a week ago, all unit owners were prevented from using the playground area, which is common property, because the managing company couldn't figure out how to keep out trouble-making teens, so they had the area closed for 10 months out of the year for the past 2 years.

Lastly, they have prevented me from hanging a "for sale" sign in my window, even though the by-laws clearly state that this is the only sign that IS permitted. They are interfering with my ability to sell my condo, and I don't know what to do. I would like to initiate a class action lawsuit against them, as I know that other unit owners have the same problems I do, but how do I do that? Will it cost me money?

How do I get them to paint my kitchen walls and ceiling in a timely manner so it doesn't discourage possible buyers who will be attending my open house next week? This is just a huge mess, and I'd appreciate any advice/info anyone has to offer me.

Oh, and they refuse to paint over water stains that have resulted from a leak in the roof. They acknowledge that the roof is their responsibility, but then say the water stains that resulted from th4 leak are for me to fix. How can that be?

TO RESPONDER 1: It's not so much a matter of the $$, although it won't be so cheap. I have one shade of paint on my walls, and another shade of "sand paint" on my ceiling. But aside from the cost, it's the principle! They aren't going to pick up part of costs related to repairs that are my responsibility, so why should I for them? They have given me nothing but problems for over 2 months in trying to get these repairs done in the 1st place, and the work still has not been completed! Let's just say I am not in a nice and cooperative mood when it comes to these people.

Answer 1

You need to read your governing documents, which include your Declaration (aka CC&Rs), Bylaws, and state statutes. That will tell you if you or your association is responsible for the painting. If the association is responsible, then have it painted and send them the bill. You will be successful in taking them to small claims court if they refuse to pay it. But remember, the Association IS YOU. If you have 100 units in your association, you will still be responsible for 1/100 of the bill - every owner will be responsible for 1/100 of the bill, even if they are in a different building. If there are only six units, you will pay 1/6 of the bill.

The managing agent did not pick up the bill - they wrote the check from your account. The management company is hired by the owners to take care of the common area for them, and the owners can fire the management company if they are not doing their job.

If the playground closed, your board members were the ones responsible - a manager can only do what the board members tell them to do. If trouble-making teens were causing damage to the playground, it was costing you money. Keeping teens out of playgrounds requires money - either for security guards or a security system. A $10 an hour security guard 24 hours a day would end up costing you $130,000 a year (when you include insurance, workers comp, social security, etc.). That might be cost prohibitive for the owners - in a 100 unit complex, your monthly assessment would go up $100 a month. Even a card key system and camera might cost $12,000 a year. If you have 100 units, then each unit would pay $10 a month more in their monthly assessments.

You need to start attending meetings - get on the financial committee. Be a part of the solution, not a part of the problem.

Answer 2

Paint's cheap. $20 and a Saturday afternoon and you're all set.

If the bylaws say you can put up a sign, then put up the sign! They have no legal grounds to stop you. It's not like anyone can just enter your home and remove it!

As to the suit, talk to a lawyer.

Answer 3

its all in your contract. if they are breaking it beyond the point of tolerance then sue them and invite them to buy you out.

Then STOP BUYING CONDOS. THEY ARE THE BIGGEST SCAM GOING.

Monthly charge for work they don't do?!? That works out to the same as interest on your mortgage. GET A HOUSE. If you're going to have to do the work yourself anyway you might as well be in control