Problems Galore for this Condo Owner

M.S. from outside of Connecticut writes:

Dear Mister Condo,

Where I live has had nothing but issues for years with the Home Owner’s Association and the Management Companies they’ve hired! We now have a new Management Company that is well-known and established, but it appears many things are still not being conducted financially correct for our Association! The last team we had was caught embezzling, that’s right both Home Owner’s Association Board Member and Management Company. They settled! But that didn’t help the problems of twenty years of disrepair! One said person that was on the “Home Owner’s is actually still on the board, and is a Broker! How he kept his license I’ll never know, but what gets me the most, do the homeowners think this person has changed his stripes? We also have a “Security Guard” that’s been here for over twenty-five years! Yes, the very same one! He doesn’t follow the by-laws, he knew all about the embezzlement, doesn’t do a thing to protect this property, but the residents that have lived here the longest feel a kinship to him!?#/! You want someone that’s trustable, dependable, reliable, most definitely follows the by-laws of the Association!  Our pools are to close at 11pm, open at 7am, that’s never happened in the 17 years that I’ve been here! If the Security even locks up at night, it’s somewhere after between 11:30 forward, and opens the gates anywhere after 2:00am through 3:30am! Depends on his last drive by. This Security Guard actually went almost a year without locking our pool’s!  I guess he wanted to see how long he could get away without doing anything! He’s still here! Don’t most Association change Security Company’s every, at least five years? We have 400 units… (Editor’s note, this question has been shortened) What can we do?

Mister Condo replies:

M.S., I am sorry that living in this community association has given rise to so many problems for you. I had to truncate your letter because it got far too specific with details and complaints that I couldn’t possibly address them all. Let me say this to try and give you some closure on what you have seen transpire and how you might better enjoy the experience moving forward. Volunteer leaders are democratically elected from within your very community to serve on the Board and conduct the business of the association as outlined in your community governance documents. They don’t always behave as you would like and you have the power to vote them out of office every year at your Annual Meeting. Wrongdoing, such as stealing or embezzlement is a special situation and it sounds like the association took proper action against the offenders. Agreeing to settle was their prerogative. Hiring a security company and maintaining the contract for many years is also their decision. Almost every complaint you had against the association came from you not agreeing with how they run the association. Unless other unit owners agree with you and elect different leaders, nothing will change. The management company works for the Board. Changing companies will not change the results. All communities are different by the nature of who lives there and who makes up the Board. If the Board where you live is lack in their duties and the association continues to return them to office, then it is fair to say that they are doing the business of the community as the community would like it. Have you ever run for the Board? Have you ever discussed the shortcomings of the Board to other unit owners to see if they share your concerns? That would be the only way to effect any change at your association. Short of that, your only other real option would be to sell and move into an association that has a reputation for stricter enforcement of its covenants. I think that would make you the happiest. Good luck!

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