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I've been trying to resolve a dispute with my condo association. I've really wanted to avoid involving an attorney, but don't see any other option at this point.
1. I've searched for attorneys who specialize in disputes between condo owners and their associations, but have only found two in the Triangle area and one of these is the attorney for my association. Of course, I only need one, but since I'm at the beginning stage of seeking an attorney I want to discover and learn about all that are available.
2. I'm also considering contract attorneys because the best ground for my case may be that the association failed to uphold their responsibility to maintain the common elements (this is not a case of failure to repair, rather it's one of documented long-standing failure to maintain). I've been told that currently there are at least two condo owner/association dispute cases based on contract law in NC courts and I know there is a successfully completed case almost identical to mine in another state.
I'd prefer an attorney located in the Triangle, but will consider those located in other areas of NC.
I do not envy you. I gave up on my association. They and the management company were the biggest bunch of incompetent under achievers I have ever come across outside of government. Just for my whole stress level I decided to forget about it and wait for the right time to sell.
Many lawyers who specialize in this area of law will represent the management companies rather than individuals. You are a one-time client and a management company will be multiple years. Why not just find a lawyer who is strong in contracts?
You could bail now before things fall into rack and ruin.
You could hire an attorney and sue for breach of contract. Many do. Recently read that 75% of California HOA's and 60% of Colorado HOA's are embroiled in litigation.
Or you and other homeowners who are tired of the way things are being run can round up proxies, take over the board and run it like it should be run.
Several years ago, homeowners in our HOA became alarmed at deteriorating conditions, rounded up proxies and voted the old board off. They replaced the management company but the new one was no better, so they decided to manage the operation themselves. The board hired a part-time contract manager who gets bids, arranges and oversees maintenance and repairs. Various community members have taken on jobs such overseeing the grounds crew, and so forth.
Long-deferred maintenance projects are being completed. We've not needed a special assessment to get caught up either.
Like many communities, ours had not put enough money in reserves to cover repairs down the road. Management companies are primarily interested in their management fee, less invested in the long-term stability of the community than community members are.
Board members coast along spending money on short-term projects rather than long-term maintenance. They'll fritter money away on volleyball courts but not set aside anything to repair the surface of the pool. As things wear out, roofs leak, fences fall apart... they start talking about a special assessment and no one wants to go that route. So the decline continues.
The third way is time consuming, no doubt about it. But if your goal is to keep your home from further decline, it might be worth it.
Rdanville, I appreciate the sympathy and can understand your decision to sell and get out. I don't want to do that , but I may change my mind. I hope your plans work out really well for you.
mocharoman, thanks for your warning - I'm aware that lawyers in the area make their steady income from retainers fees paid by condo management companies. As an individual who needs a lawyer in this area, that makes me uncomfortable. Your question is a good one - why don't I just get a contract lawyer? That appeals to me, especially since I think this is an expanding opportunity for contract lawyers. Now I just have to find one.
GotHereQuickAsICould, your info re becoming a self-managed HOA is very interesting to me. Thank you so much for taking time to provide all that info. Right now I'm focused on getting my immediate problem solved, but after that I may look into it.
Have you talked to other condo owners? Wouldn't there be more force in numbers?
I would encourage you to do this. I would also encourage you and your neighbors who share your concerns to start attending board meetings. Listen to what's going on. Look at the financials. Speak up.
Surely, you're not the only one who has noticed common areas are not being maintained. So where are your HOA fees going?
When more homeowners started attending our board meetings they were stunned to find out how much the management company was being paid and that they weren't getting bids on any of the work. Not only was the HOA paying over 40 grand a year to the inept management company, we were overpaying for everything from groundskeeping to roof repairs.
When a volunteer homeowner took over managing the grounds, she put the landscaping contract up for bid and saved $30,000/year. This money was used to fix long standing drainage issues and long overdo tree trimming.
By carefully managing the money, things are finally getting caught up after years of benign neglect.
I'm not sure suing for breach of contract would have accomplished this.
First of all, it takes some amount of time to work through the legal system. Meanwhile, things continue to deteriorate.
In the second place, if there is no money available to fix things, a successful lawsuit will likely result in special assessment(s) and higher dues to fix the items plus pay the attorneys.
That may not be necessary. It may be that your HOA funds are not being managed prudently.
meanieme and GotHereQuickAsICould, Right now I need an attorney's opinion on the strength and best basis for my position that the Association is responsible for repairing current damages to my condo. I'm being given reasons by the Board regarding why they are not responsible. I don't know whether these reasons are sound legally. I've done a lot of research myself and believe I have a strong case, but now I need an attorney's help in stating my case and in rebutting counter-arguments.
I'm not ready to get others involved in this; my goal right now is to get the legal aspects of my situation sorted out. For the future I'm interested in the approach you suggested, GotHereQuickAsICould. As a matter of fact, I'm thinking that, when I get this damage incident settled, I may start a thread asking for people's experience with self-managed HOAs, if it hasn't already been done. Your info is greatly appreciated.
what you seem to be saying is ... you've been individually harmed within your condo because some damage is occurring that you believe is the HOA's responisbility to repair/replace. So far, the HOA (or management company, which one?) says they are NOT responsible.
Yes, BoBromhal, the interior of my condo has been damaged and I believe it's the HOA's responsibility to repair/replace. It appears to me that the HOA Board is following the lead of the management company in saying the HOA is NOT responsible. I recently tried to present my position directly to the Board (so the Board is involved, at least to some extent) but I didn't do well, in part because the management company brought up legal counterpoints and at the time I didn't know whether they are sound legally.
This could go on forever, with them coming up with additional reasons for why they are not responsible and me researching those in-depth in an attempt to counter, and the management company has already given me some seriously misleading, time-consuming rabbits to chase. I think a lawyer could help me get the relevant issues defined and confirm that I have a strong case (or not). If I have a strong case, and I believe I do, then I believe the Board will listen and accept responsibility; I think the Board is made up of members who really want to do the right thing. I'm not sure this is true for the management company, which may have a stake in the outcome of my situation; I'm not sure whether they do as I haven't read the contract between the HOA and the management company.
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