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stevek1949
We're not in Kansas anymore
Premium
join:2002-11-13
Virginia Beach, VA
reply to computerman2

Re: Condo Assocation and Signed Agreements with Cable Provider

said by computerman2:

Thank you Everyone for replies, Will consult a lawyer on the roof and maintenance situations...and deal with all the other things as they come up.

You may want to take a copy of the condo declarations with you. Get a lawyer that hase some condo association legal experience.

Good luck. Sounds like you will need it!
Expand your moderator at work

computerman2
Premium
join:2002-04-20
Rockwood, MI
reply to Critsmcgee

Re: Condo Assocation and Signed Agreements with Cable Provider

Thank you Everyone for replies, Will consult a lawyer on the roof and maintenance situations...and deal with all the other things as they come up.

Critsmcgee

join:2011-12-02
Reviews:
·Verizon FiOS
reply to Cabal
said by Cabal:

said by Critsmcgee:

said by Cabal:

The management company reports to the board (and can be replaced by them and/or the homeowners). The management company may draw up the budget and handle the everyday finances, but the board is ultimately held accountable for it.

Who are accountable to the owners.

Obviously.

Owners -> Board -> Management Company

Power on both ends with monkey's in the middle!


Cabal
Premium
join:2007-01-21
Reviews:
·Suddenlink

1 edit
reply to Critsmcgee
said by Critsmcgee:

said by Cabal:

The management company reports to the board (and can be replaced by them and/or the homeowners). The management company may draw up the budget and handle the everyday finances, but the board is ultimately held accountable for it.

Who are accountable to the owners.

Obviously.
--
If you can't open it, you don't own it.

Critsmcgee

join:2011-12-02
Reviews:
·Verizon FiOS
reply to Cabal
said by Cabal:

The management company reports to the board (and can be replaced by them and/or the homeowners). The management company may draw up the budget and handle the everyday finances, but the board is ultimately held accountable for it.

Who are accountable to the owners.


Cabal
Premium
join:2007-01-21
Reviews:
·Suddenlink
reply to Draiman
said by Draiman:

said by Cabal:

said by computerman2:

Thank you all for the replies, And Yes do agree Entire board and Management company should be fired way they manage things around here.

Sounds like you should run for the board at the next election. That's what I did when I was displeased with how things were being handled.

That's like changing your oil filter but not changing your oil itself. The management company is as much a problem as the board. Get a good management company in first then worry about the board.

The management company reports to the board (and can be replaced by them and/or the homeowners). The management company may draw up the budget and handle the everyday finances, but the board is ultimately held accountable for it.
--
If you can't open it, you don't own it.

Critsmcgee

join:2011-12-02
Reviews:
·Verizon FiOS
reply to bmilone2
said by bmilone2:

said by Draiman:

I'm sure it varies a lot. The board can directly control stuff or just conduct meetings and let the management company handle everything else. I always pick associations where the management company runs the show. The board has no power over financial matters. All changes that involve money is done either by owner vote or by the management company.

You are incorrect. An Association is a corporate entity, registered in the State it is located in. The Board is elected by the homeowners to conduct the business of the Association and has a fudiciary reponsibility to conduct business in the best interest of the Association. Notice I didnt say how groups of homeowners would like because what a homeowner may request doesn't always reflect what is best for the Association (business).

The management company better not be making unilateral decisions regarding the Associations monatary affairs. That would be illegal and unethical unless they are doing so under the guidelines set forth by the Board.

The Board has the right to have a management company handle the day to day operations of the Association, but as stated in last post, the management company does this based on the policies and precedures set forth by the Board.

Just agree to disagree. There's no way your going to be able to win that stance for all 50 states and all situations. You keep making statements like there is only one way to do stuff....your way. You've been here long enough to know better too.

bmilone2

join:2001-01-26
Mays Landing, NJ

1 edit
reply to Draiman
said by Draiman:

I'm sure it varies a lot. The board can directly control stuff or just conduct meetings and let the management company handle everything else. I always pick associations where the management company runs the show. The board has no power over financial matters. All changes that involve money is done either by owner vote or by the management company.

You are incorrect. An Association is a corporate entity, registered in the State it is located in. The Board is elected by the homeowners to conduct the business of the Association and has a fudiciary reponsibility to conduct business in the best interest of the Association. Notice I didnt say how groups of homeowners would like because what a homeowner may request doesn't always reflect what is best for the Association (business).

The management company better not be making unilateral decisions regarding the Associations monatary affairs. That would be illegal and unethical unless they are doing so under the guidelines set forth by the Board.

The Board has the right to have a management company handle the day to day operations of the Association, but as stated in last post, the management company does this based on the policies and precedures set forth by the Board.

GroovyPhoenx

join:2006-05-22
Gloucester, ON

1 edit
reply to computerman2
Time to contact a laywer my thinks and have the condo/management open the books!

In so far as I know, it is not ALLOWED by law to run in the red, as you are paying for your water included in the bill an amount MUST be allocated to this, same as everythign else, a budget needs to be made and submitted for approval.

As for transferring the issue of the roof over to owners? No way is that permitted! you purchased the condo with the "Outside shell" being condo responsibility, the cost of replacing a roof on a single home runs from 2000-5000, regardless of how much fees you are paying, some of that money needs to be allocated to a roof /maintenance fund and they cannot just transfer something willy nilly.

Looks like el presidente is getting a kick back to accept this deal in some fashion.

In my own condo corp we have a president who while fully legal is doing many things we disapprove of, mind you I was unsuccessful in running against him as he "stacks" the votes by getting a lot of the owners who are absent to provide him with proxy votes. Thing is, we have no way to contact them since we're not privy to the information he is giving him an unfair advantage as he has been running the place like his playground for over 25 years.

I'm in a Condo not by choice but by fact it's all I could afford at the time. if I could I would dump it and live in a single house where while I pay all the bills I'd also own the whole shabang!


Draiman
Let me see those devil horns in the sky

join:2012-06-01
Kill Devil Hills, NC
Reviews:
·Verizon FiOS
reply to computerman2
I'm sure it varies a lot. The board can directly control stuff or just conduct meetings and let the management company handle everything else. I always pick associations where the management company runs the show. The board has no power over financial matters. All changes that involve money is done either by owner vote or by the management company.
--
IF YOU FIND ANY MISTAKES IN MY WORK...Please consider that they are there for a purpose. I try to please everyone and there is always someone looking for mistakes!

bmilone2

join:2001-01-26
Mays Landing, NJ
reply to computerman2
The management company only carries out the policies and procedures set force by the Board. For all we know the management company provided advise on how to implement and notify residents of the decision made only to have the Board ignore the suggestions. It happens that way all the time. Take it from someone with 25 years in the business.


Draiman
Let me see those devil horns in the sky

join:2012-06-01
Kill Devil Hills, NC
Reviews:
·Verizon FiOS
reply to Cabal
said by Cabal:

said by computerman2:

Thank you all for the replies, And Yes do agree Entire board and Management company should be fired way they manage things around here.

Sounds like you should run for the board at the next election. That's what I did when I was displeased with how things were being handled.

That's like changing your oil filter but not changing your oil itself. The management company is as much a problem as the board. Get a good management company in first then worry about the board.
--
IF YOU FIND ANY MISTAKES IN MY WORK...Please consider that they are there for a purpose. I try to please everyone and there is always someone looking for mistakes!


Cabal
Premium
join:2007-01-21
Reviews:
·Suddenlink
reply to computerman2
said by computerman2:

Thank you all for the replies, And Yes do agree Entire board and Management company should be fired way they manage things around here.

Sounds like you should run for the board at the next election. That's what I did when I was displeased with how things were being handled.
--
If you can't open it, you don't own it.

computerman2
Premium
join:2002-04-20
Rockwood, MI
reply to Draiman
Thank you all for the replies, And Yes do agree Entire board and Management company should be fired way they manage things around here.


Draiman
Let me see those devil horns in the sky

join:2012-06-01
Kill Devil Hills, NC
Reviews:
·Verizon FiOS
reply to computerman2
Like Msradell pointed out it's not legal for them to turn over roof maintenance to the owners. What is legal would be break up the cost of the roof maintenance shortage between all owners and impose a special assessment so that they can take care of it. The same with the water bill and anything else they need to fix. It sounds like the management company needs to be fired as well as the entire board.
--
IF YOU FIND ANY MISTAKES IN MY WORK...Please consider that they are there for a purpose. I try to please everyone and there is always someone looking for mistakes!

computerman2
Premium
join:2002-04-20
Rockwood, MI
reply to Msradell
8,000 Dollars to run the Sprinkler system for 2 days a week (for 3 months) in the Summer

How they got so deep in the hole who knows at this point, but I agree it's ridiciolous

computerman2
Premium
join:2002-04-20
Rockwood, MI
Reviews:
·WOW Internet and..
·AT&T Midwest
reply to Msradell
Been Talking to Lawyers on other issues...so far not much progress, Management company was like they got no choice but turn over roof maintenance to the Owners...Reserve Fund very low at the moment

Vacant units still owned by the Developer

Road was finally finished in August, after 10 years of driving on the sub layer, that was cracking and had ton of Pot holes in it

Water issue still working on, and other issues


Msradell
P.E.
Premium
join:2008-12-25
Louisville, KY
reply to computerman2
said by computerman2:

76 Units in this Assocation, with about 26-30 vacant in the rear

Right Now The President stated will be more info after it's all wired in, and More at the January 7th meeting

Reserves here very low, can't even afford roof maintenance as stated back in October, Roof Maintenance now turned over to individual Residents, Do have Copy of previous meetings minutes somewhere around here.

Water bill is over 26,000 in the RED, raising dues no matter what in the future was told as well...

All info I got right now concerning the cable/internet/phone matter at this point

To start with it sounds like the president is trying to hide something if he doesn't talk openly about it. Obviously once it's all wired it's going to be much harder to make changes to the agreement.

But outside of that it sounds like the organization is very poorly run. To be that far in the hole is ridiculous and I'm not even sure it's legal to transfer the responsibility of roof maintenance to the property owners without changing the deeds of individual owners! Probably need to consult a lawyer about this. Also are the vacant units still owned by the developer? Somebody should be paying into the general fund for those units. Sounds like a visit with a lawyer is certainly due.

computerman2
Premium
join:2002-04-20
Rockwood, MI
Reviews:
·WOW Internet and..
·AT&T Midwest
reply to hortnut
76 Units in this Assocation, with about 26-30 vacant in the rear

Right Now The President stated will be more info after it's all wired in, and More at the January 7th meeting

Reserves here very low, can't even afford roof maintenance as stated back in October, Roof Maintenance now turned over to individual Residents, Do have Copy of previous meetings minutes somewhere around here.

Water bill is over 26,000 in the RED, raising dues no matter what in the future was told as well...

All info I got right now concerning the cable/internet/phone matter at this point


hortnut
Huh?

join:2005-09-25
PNW
kudos:1
Reviews:
·Comcast
reply to computerman2
How many units are in your Condo association? Have you contacted the President? What did they say? Will WOW be rolled into your dues or does it replace some other provider?

See no reason to change from ATT, as that comes into the unit from the Phone Lines.

Been helping my elderly folks with their paperwork and finances. They are in a Condo consisting of 26 units and are Ranch Style Duplexes.

Have found that every Condo HOA is different.

Any questions I have had I have gone to the President. They have been more than happy to answer or direct me to who could provide the answer. They do have a management company that deals with collecting dues, maintenance schedules, paying bills, keeping up with maintenance and so on. They also have very healthy reserves on hand if something were to come up.

Critsmcgee

join:2011-12-02
Reviews:
·Verizon FiOS
reply to ilikeme
said by ilikeme:

My old apartment had 2 right next to each other in each room. One for cable and the other for FIOS. Same thing in my grandparent condo, one for cable, the other for an old master antenna system.

No wonder why the economy is in so bad of shape. Both use coaxial cable and can work on the same lines to the TV's. We switched from normal cable to FIOS and they used the same lines.


JALevinworth

@embarqhsd.net
reply to computerman2
said by computerman2:

Been with at&t dsl since January 2005, today get the current newsletter from our Condo Assocation, and towards the end it states the Board has signed an Agreement with WOW to Service our area, and in the staging process.

What does this mean for current at&t dsl subscripers, Directv, and Dish network folks, as well as Comcast, I know with Satellite we got the FCC and OTard rules protecting us I do believe on that part.

But can they force us to switch internet providers? or will we be able to stay with at&t dsl like we are currently

I don't know about MI law, and am not a lawyer, but of the states that I have rented in they have always had something like the following in their landlord tenant law. One state which had very little landlord-tenant laws otherwise even had this similar clause, which made me believe it was enacted on the federal level. :

"Access of tenant to cable, satellite and other television facilities" Interference with cable service prohibited. Neither the owner of any multiple unit residential dwelling nor his agent or representative shall interfere with the right of any tenant or lawful resident thereof to receive communications service, installation or maintenance from a communications provider of their choice... blah blah

I'd look into the statutes for your state, but commonly the landlord, etc., can maintain the right to install whatever they wish, but it usually it means that they can't force you to use a specific provider, but again check in your state.

-Jim


ilikeme
I live in a van down by the river.
Premium
join:2002-08-27
Sugar Land, TX
kudos:1
Reviews:
·Vonage
reply to Critsmcgee
said by Critsmcgee:

said by Kilroy:

said by Draiman:

It seems silly WOW would install all new infrastructure given it already exists.

If it works. The problem is that they don't know anything about the existing cable. Most cable companies are like that. I've dealt with both WOW and Comcast and they will run new lines for a new install, even if the old line worked fine. This way they know any problems are theirs and not with the old cable.

I wouldn't allow them to install new line. If they can't use the existing stuff they can't get my business. They can put on a tester and see how good the cable is before they use the existing stuff. If there is no issues they better use it. The last thing people want is 2-4 outlets in each room for each provider. STUPID!

My old apartment had 2 right next to each other in each room. One for cable and the other for FIOS. Same thing in my grandparent condo, one for cable, the other for an old master antenna system.
--

Fiber Optics is the future of high-speed internet access. Stop by the BBR Fiber Optic Forum
Expand your moderator at work

guppy_fish
Premium
join:2003-12-09
Lakeland, FL
kudos:3
Reviews:
·Verizon FiOS
reply to Critsmcgee

Re: Condo Assocation and Signed Agreements with Cable Provider

said by Critsmcgee:

I wouldn't allow them to install new line.

Your not a good candidate for condo ownership then, its not your choice if the CCR's say otherwise.

Critsmcgee

join:2011-12-02
Reviews:
·Verizon FiOS
reply to Kilroy
said by Kilroy:

said by Draiman:

It seems silly WOW would install all new infrastructure given it already exists.

If it works. The problem is that they don't know anything about the existing cable. Most cable companies are like that. I've dealt with both WOW and Comcast and they will run new lines for a new install, even if the old line worked fine. This way they know any problems are theirs and not with the old cable.

I wouldn't allow them to install new line. If they can't use the existing stuff they can't get my business. They can put on a tester and see how good the cable is before they use the existing stuff. If there is no issues they better use it. The last thing people want is 2-4 outlets in each room for each provider. STUPID!


Kilroy
Premium,MVM
join:2002-11-21
Saint Paul, MN
reply to Draiman
said by Draiman:

It seems silly WOW would install all new infrastructure given it already exists.

If it works. The problem is that they don't know anything about the existing cable. Most cable companies are like that. I've dealt with both WOW and Comcast and they will run new lines for a new install, even if the old line worked fine. This way they know any problems are theirs and not with the old cable.
--
“Progress isn't made by early risers. It's made by lazy men trying to find easier ways to do something.” ¯ Robert A. Heinlein