We have a problem in our condo which started with a contract being signed by a previous Bd Of Directors. In April of 2006 the old Bd signed a contract with the property mgt com for another 3 yr term. In June 2006 , the Pres of the new Bd fired the property mgt co and hired a new one. The old property mgt co accepted severance and then sent us a lawsuit for $200,000 for the duration of the contract we did not honour.
Our Pres at the time was in for 5 months and then we got a new Pres. Our new Pres hired a condo lawyer to help us out.
Now the lawsuit is application filed, defense filed, reply given and no action to go to trial. I am worried about it as it will be $300,000 or more when we go to court. Our Bd is thinking we might make some money if we win. How do I try to get this thing resolved without going to court??? No one seems to be giving me ,an Owner , any info accept wait. I don't want to wait for years on this issue. Can a mediator help??? What is the answer?
2007-07-17 13:07:31 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Unless you have the right to act for your association, you do nothing. The association is represented by the Board and its attorney. Contacting the management company's attorney will only hurt your condo.
2007-07-17 15:53:55 · answer #1 · answered by mcmufin 6 · 0⤊ 0⤋
The BEST you can hope for is to only pay your lawyer. The lawsuit is proof the old management company did NOT accept the 'severance'. Without knowing the details of the original contract, no one can tell you if you can win the suit. Depending on the condo rules and the contract with the 'fired' management company, you MAY have a case against the former President. All of these are issues for the attorney.
2007-07-17 13:46:18 · answer #2 · answered by STEVEN F 7 · 0⤊ 0⤋
I'll bet next time you'll buy a separate house on its own lot, won't you?
It looks to me like the matter hinges on the termination clause(s) in your original agreement with the "old" property management company, and with the terms of the separation. Usually if they accepted the severance and any monetary compensation, they do not have a case. The only way they would is if there is some serious flaw in the old written agreements.
This is for the lawyer who is on the ground there to determine. There is nothing to stop you from calling the board's lawyer to discuss your concerns. The lawyer may refuse to discuss it, or may ask you to get permission from the board to discuss it, but there really is no reason for the lawyer not to give you an opinion as to what the outcome will be.
The lawsuit may have no merit (many of them don't), and the first court that hears it will toss it. No way to tell from here. But to calm your stomach, try asking the lawyer.
2007-07-17 13:28:27 · answer #3 · answered by aviophage 7 · 0⤊ 0⤋
I would ask for several other advices - on experts of course, exactly how we'd do on a medical diagnosis with maybes in between. Sounds complicated but any good lawyer will make those future assumptions to fall with decisions whose author "stop" in terms of command; his presumptions on not fulfilling contract time is a lot dependent on the contract's text/word itself but in any democratic system contracts might see their end before were previewed to, i think
2007-07-17 13:29:45 · answer #4 · answered by . 3 · 0⤊ 0⤋
Set down with the powers to be and try to settle things out, if not you'll be in court.
2007-07-17 13:16:16 · answer #5 · answered by Anonymous · 0⤊ 1⤋