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Old 04-04-2014, 07:57 PM
 
Location: MID ATLANTIC
8,674 posts, read 22,919,247 times
Reputation: 10517

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If this is important to you, get a lawyer. From the sound of it, even if you spend $5000, you still wouldn't find a cheaper place to live (or your dad). I'm finding it hard to believe they (or he) would block you without good reason, but this is the Internet and we only have one side of the story. If this is a true injustice, you must fight it. And while you are at it, ask your lawyer to copy your elected State officials and request a change the HOA regulations. Don't feel sorry for yourself without a fight.
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Old 04-04-2014, 08:10 PM
 
Location: Wisconsin
19,480 posts, read 25,153,902 times
Reputation: 51118
Quote:
Originally Posted by ellemint View Post
He doesn't want to rent elsewhere. He wants to buy the condo that he already in effect co-owned with his late girlfriend, the one he has already invested in, furnished, done repairs on, and wintered in for 3 years.

The one for which we had a solid cash deal, the condo that his late girlfriend said on her deathbed that she wanted him to always be able to stay there.

Her daughters don't want the condo, there is no rental allowed, so they can't just let my Dad stay there all the time, let alone the dreaded, horrible me (heck I might scare the neighbors.)

My father is nearly 90 and they are just torturing a grieving old man, and that alone makes me want to cry, and force them to deal fairly with us.

And this evil Condo Board President who is messing with us, is both a lawyer himself, and an ex-FBI agent, both power-tripping occupations, and in my opinion people like that often are unpleasant bullies who like to push people around.
That is really sad.

I have not read your other thread so this suggestion may be totally inappropriate but here it is anyway.

Is there any possibility that you could contact a newspaper reporter about a sad human interest story, 90 year man being forced out of the condo that he repaired/updated/furnished/"co-owned"/lived in for three years due to an egotistic power hungry jerk who did not follow any of the rules? Perhaps even summarizing the facts and mentioning that you are going public with the story may even do the trick.

Or maybe writing a summary of the situation and giving it to fellow board members and others in the condo who know your dad. That may put pressure on the Big Bad Boss who is trying to run the place unilaterally.

Sadly, this just shows why elderly people need to make sure that everyone is provided for & protected no matter who people assume will die first. We had a situation in my extended family where it was expected that the 85 year old mother would die first so in the 65 year old daughter's will she left the house that she (the daughter) owned & that they shared & everything else to her children. Unfortunately, the 65 year old died before her 85 year old mother and the older woman was left without a place to live and without any money. It all worked out in the end but it caused years of problems and resentment that could have been avoided with better estate planning.

OP, I really hope that everything works out for you and your dad.
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Old 04-04-2014, 08:17 PM
 
Location: Raleigh, NC
19,437 posts, read 27,838,210 times
Reputation: 36103
Quote:
Originally Posted by ellemint View Post
You mean a house? Because don't all condo complexes have Condo boards?

This condo was only $26K; partly a special deal for us because of all the work and money my father had already put into it over the 3 winters he stayed there. Dad had done an extensive search prior to his girlfriend buying this condo and they could find nothing better. It was rundown and he put all the work into fixing it up, so the estate was selling it to him at the price that his late girlfriend bought the place 3 years ago, which was $26K. This was her deathbed wish, that he have the condo. She died so suddenly, it was not the time or place to put that in writing. She was 20 years younger than him, nobody thought she would pass away first.

It's like in everyone's eyes , except the condo board president's, it was already Dad's condo. Most of his neighbours thought he WAS the owner. It's an exceedingly modest condo in a very modest complex; it's not like they are all millionaires or perfect people.

I still don't see how they can just reject me like this and I have no recourse.
I'm very sorry that it turned out this way. But your dad and his girlfriend had THREE YEARS to take care of this. Everyone who reads this should learn from it. Wills and death plans may not be pleasant topics of conversation, and the legal fees associated with doing this stuff properly are often ludicrous, but it can be tragic when the paperwork isn't done.

Maybe you should have tried to buy it in your Dad's name. They might have been more comfortable with him.
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Old 04-04-2014, 08:43 PM
 
Location: Happy wherever I am - Florida now
3,360 posts, read 12,269,233 times
Reputation: 3909
I'm thinking that if you had to show the purchase price on the application that the president's wife has a son, daughter, or sister who needs a condo right now. Why else would she/he lie about having gone through the approval process or even her involvement in it?

I would make out another application for approval in your father's name and just put both your names on the title when you buy it. There must be some sort of leeway for someone who is already a resident. It is likely that a relative (you) who is over 55 should be allowed to live there too without any further approval.
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Old 04-04-2014, 08:52 PM
 
10,553 posts, read 9,650,086 times
Reputation: 4784
Quote:
Originally Posted by Sgoldie View Post
I'm thinking that if you had to show the purchase price on the application that the president's wife has a son, daughter, or sister who needs a condo right now. Why else would she/he lie about having gone through the approval process or even her involvement in it?

I would make out another application for approval in your father's name and just put both your names on the title when you buy it. There must be some sort of leeway for someone who is already a resident. It is likely that a relative (you) who is over 55 should be allowed to live there too without any further approval.

Thanks for your reply. I would gladly do that. But at the closing if they follow the rule of the law I would think that both owners would need to be approved by the condo board. According to what the title company told me that certificate of approval is required in order to close; usually it's just a formality.
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Old 04-04-2014, 09:00 PM
 
3,766 posts, read 4,104,726 times
Reputation: 7791
Quote:
Originally Posted by ellemint View Post
You mean a house? Because don't all condo complexes have Condo boards?

This condo was only $26K; partly a special deal for us because of all the work and money my father had already put into it over the 3 winters he stayed there. Dad had done an extensive search prior to his girlfriend buying this condo and they could find nothing better. It was rundown and he put all the work into fixing it up, so the estate was selling it to him at the price that his late girlfriend bought the place 3 years ago, which was $26K. This was her deathbed wish, that he have the condo. She died so suddenly, it was not the time or place to put that in writing. She was 20 years younger than him, nobody thought she would pass away first.

It's like in everyone's eyes , except the condo board president's, it was already Dad's condo. Most of his neighbours thought he WAS the owner. It's an exceedingly modest condo in a very modest complex; it's not like they are all millionaires or perfect people.

I still don't see how they can just reject me like this and I have no recourse.


Yes, all condo complexes and co-op complexes have boards. When purchasing a co-op, one generally has to go through a vetting process to see if the co-op board members like you. They are much more invasive than what you experienced here, some with multiple interviews, etc., and can reject you for no reason. However, I have seen co-ops in NYC and in Baltimore that do not vet purchasers, although they are the exception. As for condos, in the great majority of condos there is no vetting process. However, in some condos, like the complex you want to buy into, there is a vetting process. Condos with a vetting process seem to be more common in Florida.

Like the poster above said, you/your father/his girlfriend had three years to get everything straight. When one does not get their affairs straight, this is what happens. Although it is not a good situation now for your father, I have seen plenty of worse things happen. It is sad, and I sympathize with your feelings, but I truly believe that this is a blessing in disguise. What if they had been just as mean to him for some reason while he was living there? It could have caused his health to deteriorate, or even pushed him over the edge. Living in a place like that is an experience you or your father do not need.

Buy somewhere else, preferably where there is no board. That could be a townhouse or detached house, but be careful as I have seen even detached houses have a board because they are set up as condos.
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Old 04-04-2014, 09:07 PM
 
10,553 posts, read 9,650,086 times
Reputation: 4784
Quote:
Originally Posted by Jkgourmet View Post
I'm very sorry that it turned out this way. But your dad and his girlfriend had THREE YEARS to take care of this. Everyone who reads this should learn from it. Wills and death plans may not be pleasant topics of conversation, and the legal fees associated with doing this stuff properly are often ludicrous, but it can be tragic when the paperwork isn't done.

Maybe you should have tried to buy it in your Dad's name. They might have been more comfortable with him.

I agree, and she did not have her estate in order. And when she became sick, she became very sick indeed, pretty well incapacitated and was in no shape to start doing legal matters.

We CAN still ask the condo board for approval for my Dad, but as I've already written this Condo board President didn't even get board disapproval of me, they had no meeting, none of the other condo board members ever saw or reviewed this application. To me, I haven't been rejected by the board, I've been rejected by one mean-spirited man who has already shown himself to be a liar, and for all I know never checked anything on my application and is simply disapproving me as a buyer because he took offense when we asked to see condo docs. That needs to be addressed first. One person on the board cannot decide to reject an applicant, the entire board is supposed to meet and review the application and the applicant. THat is in their declaration.

The board is mostly a bunch of sickly older people snowbirds, who really don't care about what he is doing. The only one who seems not be brain dead is my potential next-door neighbor and I have asked her to see what can she find out, and could a proper board meeting and review not be done.

If they actually did contact my bank, my references, the condo association where I previously lived for 10 years ---- there is NOTHING objectionable there; no grounds for disapproval. There's nothing...not even a speeding ticket, not even one late credit card payment in 20 years, never a late monthly condo fee, no foreclosure or bankcruptcy...nothing.

According to what I've read the grounds for rejection have to be pretty clear and are usually limited to criminal background, or financial issues---none of which I have.
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Old 04-04-2014, 09:15 PM
 
10,553 posts, read 9,650,086 times
Reputation: 4784
Quote:
Originally Posted by SmartMoney View Post
If this is important to you, get a lawyer. From the sound of it, even if you spend $5000, you still wouldn't find a cheaper place to live (or your dad). I'm finding it hard to believe they (or he) would block you without good reason, but this is the Internet and we only have one side of the story. If this is a true injustice, you must fight it. And while you are at it, ask your lawyer to copy your elected State officials and request a change the HOA regulations. Don't feel sorry for yourself without a fight.
Thanks for your advice.

That's exactly what I WANT though---their side of the story. Although there is no THEY because the rest of the board has already told us they were never consulted and took no part in this review or rejection.

Who did he talk to? What is so horrible that he supposedly uncovered that would constitute such a radical move? And did he ever really discover anything or is this all just the actions of one malicious, power-hungry, Condo Board President?

I'm not perfect. There are people I'm sure who don't like me, but how in the world would have this condo board chairman have POSSIBLY located what is probably a handful of people who are possibly bearing grudges from years ago? That's why I think he's lying. I don't even think he called anyone.

I don't feel sorry for myself. I think perhaps my very assertiveness is what caused him to do this.
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Old 04-04-2014, 09:23 PM
 
10,553 posts, read 9,650,086 times
Reputation: 4784
Quote:
Originally Posted by germaine2626 View Post
That is really sad.

I have not read your other thread so this suggestion may be totally inappropriate but here it is anyway.

Is there any possibility that you could contact a newspaper reporter about a sad human interest story, 90 year man being forced out of the condo that he repaired/updated/furnished/"co-owned"/lived in for three years due to an egotistic power hungry jerk who did not follow any of the rules? Perhaps even summarizing the facts and mentioning that you are going public with the story may even do the trick.

Or maybe writing a summary of the situation and giving it to fellow board members and others in the condo who know your dad. That may put pressure on the Big Bad Boss who is trying to run the place unilaterally.

Sadly, this just shows why elderly people need to make sure that everyone is provided for & protected no matter who people assume will die first. We had a situation in my extended family where it was expected that the 85 year old mother would die first so in the 65 year old daughter's will she left the house that she (the daughter) owned & that they shared & everything else to her children. Unfortunately, the 65 year old died before her 85 year old mother and the older woman was left without a place to live and without any money. It all worked out in the end but it caused years of problems and resentment that could have been avoided with better estate planning.

OP, I really hope that everything works out for you and your dad.
thanks. That's worth thinking about....
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Old 04-04-2014, 09:28 PM
 
10,553 posts, read 9,650,086 times
Reputation: 4784
Quote:
Originally Posted by james777 View Post
Yes, all condo complexes and co-op complexes have boards. When purchasing a co-op, one generally has to go through a vetting process to see if the co-op board members like you. They are much more invasive than what you experienced here, some with multiple interviews, etc., and can reject you for no reason. However, I have seen co-ops in NYC and in Baltimore that do not vet purchasers, although they are the exception. As for condos, in the great majority of condos there is no vetting process. However, in some condos, like the complex you want to buy into, there is a vetting process. Condos with a vetting process seem to be more common in Florida.

Like the poster above said, you/your father/his girlfriend had three years to get everything straight. When one does not get their affairs straight, this is what happens. Although it is not a good situation now for your father, I have seen plenty of worse things happen. It is sad, and I sympathize with your feelings, but I truly believe that this is a blessing in disguise. What if they had been just as mean to him for some reason while he was living there? It could have caused his health to deteriorate, or even pushed him over the edge. Living in a place like that is an experience you or your father do not need.

Buy somewhere else, preferably where there is no board. That could be a townhouse or detached house, but be careful as I have seen even detached houses have a board because they are set up as condos.
You're right. But his late girlfriend didn't get any of her affairs in order, not just concerning this condo.

I think I'm the one being pushed over the edge---I let all this get to me, this rejection feels so personal and insulting, and it's like I don't even get to respond or reply to what might be lies or groundless accusations.

But anyway, there's always other condos (and their boards....sigh). I don't think I can afford even a semi-detached house. I vowed never to have a mortgage again.

Last edited by ellemint; 04-04-2014 at 09:37 PM..
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