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Thanks. They have the reasons as stated by the condo chairman to various people:
- I didn't complete the application (because I did not put my bank account # down)
- I didn't pay the application fee (despite my Dad chasing after the Prez for 4 days with a check)
- I had two bad references (the seller who inadvertently bad-mouthed both my Dad and I, and her husband who apparently just stood there...but maybe he was scowling which counts as a bad reference?)
- they said we were pushy in asking for documents, like the declaration. We weren't pushy, we just asked for it. THe sellers didn't have it, nor the lawyers, and it wasn't online. Only made sense to ask the Condo prez who is my Dad's neighbour. We also asked to see the Condo complex insurance certificate, shame on us.
- after rejection I sent an e-mail that I think was perfectly appropriate, and now they call it a threatening e-mail, because I put PhD after my name, and I said I would look into what my rights were in this situation, and they claim that was an attempt to intimidate them and a threat to sue them. Which it wasn't because no one's ever been afraid of my doctorate before, otherwise I would have been using it much more frequently to get good seats at restaurants, and if I was going to threaten to sue, I would make that clear
- he actually put in writing that I e-mailed him several times, hinting I was harassing him. Well thank God, he cannot prove that. I e-mailed him the one time, my response to the rejection.
- they said for the 5 days I was there at Christmas, I made critical comments about the place? or something like that, just bizarre. I loved the place, why would I be criticizing it? I only talked to the Prez one time and I don't recall saying anything bad. Maybe the sun was in my eyes and I was squinting and he interpreted that as a critical squint...maybe I said something like: that flower over there---it sucks!....Maybe I inadvertently stepped on a dandelion and he took that personally....oh my God, maybe I squashed a geiko...(I swear I thought it was a pistachio)
Do you have any idea what she said to the board pres? If she isn't willing to do more to help resolve this, you can always threaten to sue for slander.
She's totally cooperating. We're all on the same side. She told me everything that happened as far as she could remember over the phone an hour ago. And then she sent me a long e-mail putting everything in writing. She put down everything about her encounter with the condo prez and his wife that she remembers, and that her husband remembers.
She wrote the condo prez rescindng her comments and saying she had just been upset at the time and he misconstrued her comments. He wrote back, "doesn't matter, you said it, we're using it" to deny the sale. Just pure illogical malice on his part.
Plus most of the stuff she told him about was about the time surrounding her mother's death, when we were all really upset, and running around the hospital trying to get help for her mother. It was nothing that bad, and has no relevance for a condo purchase reference. Plus, he's a manipulative ex-FBI agent, he was manipulating her into saying bad things.
I had spent a lot of time with their mother and my Dad over the last few years and seen more of their Mom than they had, and we only all met each other for the first time at the hospital upon the onset of their mother's sudden decline. There was a lot of confusion, and some distrust about who was looking out for Mom's best interests, and who was doing the most to get her better care, and everyone was upset naturally about what had so suddenly happened.
- involving the local media (sounds like a great human interest story!)
- getting an affidavit from the "bad sister" and her husband explaining the situation and that they've never met you
- see if the mortgage company can put pressure on the HOA
- see if the sisters will reach out to the other board members with you and see if the board members will help pressure the HOA president
I'm not familiar with Florida real estate law, but it sounds like since the formal process for the HOA considering your application has not been followed, the HOA is holding up the process. Is there anything in their by-laws that spell out exactly how this is supposed to happen?
I see you said you don't have money for a lawsuit. Are there any legal charities that might be able to help? Surely Florida, with its high population of elderly, has some legal non profits or government agencies that could help.
Also.. how is it not a conflict of interest for the seller (bad sister) to serve as a personal reference?
You make many excellent points. I will investigate. How can a board use a seller's comments to stop the very sale she is seeking?
No, I'm sorry, but as I stated before, the moral of this story is everybody needs to get their affairs in order BEFORE they need to be. Do the estate planning and the wills. Get a living will and a Power of Attorney.
(Rhetorical questions: Does your father have his documents completed? If so, have they been reviewed and adjusted for any changes required following the death of his girlfriend? I know it's not the best time for him to be doing this, but it might be the single most important time to review his will.
For example, if his will left everything to the girlfriend, guess who might inherit his stuff now? Depending on state law and how well that will was drafted, it might be the girlfriends' evil daughter and nice daughter.)
I sincerely hope this entire situation works out in a way that provides comfort to you and your father.
Yes, but I'm still not sure she's the right one. I want to call a few others. She said it sounded like fraud, and there is definitely malice. A case could be made they are endangering my father's health.
But also she said that there are few laws governing condo board conduct in Florida...that's the part I find hard to believe. On the other hand this is the land of Trayvon Martin...so why am I not surprised?
She said she would start with requesting to know who their legal counsel is so that communication could start between the two lawyers. Gee$, that sound$ promi$ing....lol
'Cause any time two lawyers jus' start talkin' we knowz that's a gonna lead to gooood things.....*
*for somebody....like their yacht salesmen....
** Did I mention that this stupid Condo Prez owns a yacht...dern yacht dock trash...
There are so many good suggestions in this thread---I'm gonna have to go over it and make notes.
Thanks everyone!
Solace: at least there's a good basketball game on tonight Cats-cats-cats-cats!
Did both of the sisters sign the document?
Good luck with this! I think it is awesome that you are standing up to this bully! Take over the COA and take over his presidency then make HIS life hell.
To the OP: you have more persistance and more energy than I ever will. I would have given up by now. Good luck to you and I hope you get the condo. I do think the bad sister is pulling your leg, though. She sounds mentally ill and quite manipulative.
I am sure many people have answered this question but I will tell you that my in-laws recently bought a condo in Naples. They went through a full background check, credit check, wanted drivers licenses, financials,etc. They didn't have to supply a birth certificate. I don't know the purpose of that???
This is common in Florida to make sure they know who their neighbors are and that they will be able to afford the HOA fees,etc.
It won't matter if they pay cash or not. Many people pay cash. It's a matter of the HOA's rules that they have set up to keep the shady ones out.
Personally, I would rather they do ask so that I know who is going to be buying around my in-laws place.
They also have to OK anyone staying. If a guest would come in town, they have to go to the HOA and fill out the paperwork and provide ID's.
I'm not a realtor or a lawyer but I am sure that if they are asking for it, then they are allowed to do it. Their lawyers OK'd it or they wouldn't be asking.
People are sue happy today and if it wasn't allowed, they wouldn't be asking.
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