E.B. from Garland County, Texas writes: Dear Mister Condo, If something is recorded in the minutes but not added to the bylaws is it the same? Mister Condo replies: E.B., not even close! By-laws are changed by amendment, not a simple note in Minutes from a Meeting, although any change to the by-laws should most…
Condo Special Assessment Money Reallocated
A.D. from Hartford County, Connecticut writes: Dear Mister Condo, Our condo board has admitted to keeping a portion of owner’s monthly and payoff payments designated for special assessment loans, and using them for other purposes. Can they do this? Mister Condo replies: A.D., well, apparently, they could and they did! The question is should they have…
Does Declarant Have the Right to Retain Rights?
J.P. from Manatee County, Florida writes: Dear Mister Condo, We are Villas that were converted from 99-year leases several years ago. We had our turnover 2 years ago. We are now re-writing our Declaration. The original Declaration written by the Developer’s attorney included Right of First Refusal (ROFR) for Association and Developer and also Developer…
How Are the Condo Common Fees Determined?
H.S. from Cook County, Illinois writes: Dear Mister Condo, Could you please explain how the monthly condo association fees are calculated? The property is a mixed-use, fourteen-unit building, 12 residential, and 2 commercial. Exhibit B clearly lays out the percent due of each residential unit and totals 100%. Then, it lays out the percent for each commercial…