Key Ct Condo Issues That Owners Complain About
We would like to express our appreciation to everyone who has contacted CCOC regarding issues of concern to condo unit owners throughout the state. While everyone has a problem specific to their own condo association or management company; following are some of the key issues faced by many unit owners who contacted us:
- Difficulty receiving comprehensive financial reports from an Association or Management Co.
- Difficulty receiving comprehensive reports from an Association or Management Co. regarding major repairs or capital improvements
- Difficulty receiving a copy or copies of contracts entered into by Association
- Inadequate notice to unit owners of ASSOCIATION meeting dates
- Not providing notice of rescheduled meetings
- Accurate and complete vs. sanitized minutes of board meetings
- Minutes that accurately reflect adjournment to Executive Session and Board minutes that accurately reflect actions and/or votes based on matters discussed during Executive Session.
- HB5511 – pros and cons regarding the number of votes to reject a budget.
As we have stated there are many Management Companies and ASSOCIATIONS who are diligent in their efforts to comply with the legislation passed in October 2009 and effective July 2010. As one CCOC member, who has been a community manager for more than thirty states, “I always stay on top of things by attending seminars, law issues, etc.”
Common interest communities are managed by a volunteer Board of Directors who, for the majority, serve without compensation and give of their own personal time. Many come from professional backgrounds that assist in this endeavor. However, many are unit owners who want to ensure their community is well managed and work to protect the investment of all unit owners in their complex.
CCOC receives numerous queries from unit owners residing in a small complex communities managed solely by a Board of Directors. We are not proposing that all Associations contract with a professional, however, some of the more egregious issues that have been brought to the attention of CCOC are:
- Board of Directors that do not hold monthly meetings
- A complex that has not conducted board meeting in 3 years
- Complex that do not have the opportunity to vote on the annual budget
While a Management Company takes direction from the Board of Directors; it is also the responsibility of the Management Company to ensure that the Board is in compliance with current laws, that the Board provide an open and transparent relationship to all unit owners. New legislation HB5536 signed by the Governor June 8, 2012 revised requirements concerning: (1) Certification as a community association manager; (2) continuing education for a licensed real estate broker or sales person; and (3) the organization of a unit owner’s association.
CCOC and CAI-CT are exploring the possibility of conducting joint meetings for current condo owners and/or individuals who are contemplating a purchase in a common interest community. We will keep you updated. Also, in the future, we hope to post articles written by CAI professionals that will address some of the queries CCOC has received.
What can unit owners, do now? Attend monthly board meetings, request copies of monthly meeting packets that should include full financial reports and request copies of Board minutes after formal approval by the Board. To be an informed unit owner; ASK – it is your right as a unit owner AND READ!
I’m stopping mortgage and condo fee payment so the two can fight over who will get my property. I am the 3rd single woman to lose my condo because of increaded fees, without justification. The President bought the last two units contrary to by-laws and with the help of the porperty manager. I will be homeless before I ever by a condo again.
After reading this article I have to ask myself, what would a unit owner want with a copy of a contract with a vendor. What is the definition of a “comprehensive” financial report? Once the unit owner has it, how would it benefit them? Most of the issues raised from #1 – 8 could probably be resolved by attending a board meeting. However when I read about the small complexes managed only by a Board of Directors and their issues are:
•Board of Directors that do not hold monthly meetings
•A complex that has not conducted board meeting in 3 years
•Complex that do not have the opportunity to vote on the annual budget
I would advise the unit owners to MOVE and MOVE fast. Folks think they are saving money by not hiring a professional management company–WRONG. If a board of directors hasn’t met in three years–there is no board of directors! A board of directors that does not hold monthly meetings is irresponsible and lacking interest in the community. I am a licensed REALTOR and can tell you, I once represented a buyer in a lovely, small complex near the beach in a local town. The complex was managed by a board of directors consisting of just one man who not only never had condo documents made up, he also handled all the fiscal matters,contracts, collection of all HOA fees. etc. I advised the buyer to find another unit because although the place was charming in appearance, it would eventually lead to a problem–what if the sole board member/manager died or decided to become dishonest? There was no one else keeping watch. Sometimes folks do not think far enough ahead. The old saying “No one takes advantage of you unless you allow them to,” holds true in many of these cases.
Thank you for your comments. Views expressed by you and others who comment provide a source of additional information to our readers as well as CCOC.
From the queries received by CCOC; unit owners do ask for and some receive copies of contracts whether it is to determine the specifics on a snow removal/landscaping contract or a contract for a major capital improvement project. In compliance with CIOA citing in part, records retained by an association and available for examination and copying by a unit or owners agent including copies of current contracts to which the association is a party. The benefit to unit owners or the reason why they want this information– it is their money funding the association’s budget and by law it is their right.
Regarding financial reports: unit owners’ queries to CCOC range from unit owners requesting a financial package from either their board or, if not self managed, from their management company: time constraints and/or commitments may prevent an owner from attending a meeting, but that does not mean they should not receive a copy of the meeting packet that should contain financial reports.
Financial reports or financial status of any entity whether a corporate business, condo association or your family monthly budget contains standard information: Assets/income vs. liabilities/expenses.
Although we hear that financial reports are difficult to read, accounting software provides standard reports that range from a balance sheet, profit & loss vs. actual reports [the current month, monthly period year-to-date and year-to-date, a cash flow report [money in and money out], a check register or check detail report [date, check#, payee, amount, reason for check], deposits for the month, etc. Some management companies provide a Trend Report; history of expenses for each month providing valuable statistical information that demonstrates trends and opportunities to save money. Predicated on line item budgeting, this is invaluable when drafting the budget for the next fiscal period and allows boards to adjust expenses to account for cyclical differences, seasonal differences and inflation. If you track it, you can trend it; if you trend it, you can trim it.
The issues you state regarding small complexes managed only by a Board of Directors parallel many associations that are self-managed. Your points are well taken and are issues we are hearing of more and more.
Last, as a licensed realtor, kudos to you for the advice given to the prospective buyer you represented. CCOC had heard from other unit owners, that were not provided this sage advice only to learn after they purchased their condo that there would be an increase in common fees or an additional assessment for major capital improvements or, in one case, the swimming pool and tennis courts that for the newer complex would be going out to bid. CCOC has discussed the issue of responsibility to a prospective buyer; if you would like to discuss this further; please contact me at gail@ctcondonews.com or George Gombossy at george@ctcondonews.com. Thank you again.
I live in fear of loosing my condo due to the management company and board spending $200.000.00 on repairs and replacements on the complex and assissing all of us $8,000.00 each. I live on a fixed income and I just can not afford to make the payments. Besides, I will be dead before I see the end of that payment. What a way to live out your golden years. I also do not trust these board people. About 2-3 years ago I accidently found out that the complex was broke. Nobody was told. The board found it necessary to take out a loan from Empire Management to pay for garbage. When I heard that I was Livid. I just could not believe that nobody would not tell anyone of the unit owners this bad news. It took me months to get over that one. Then suddenly we are making repairs and replacements and haven’t received any bids or bank papers. If something isn’t done about these boards and management companies we’re going to all be out on the street. I just received the bids in the mail. I had to call and ask for them. I see that the bank papers were omitted. Something is fishy!
Yes, if we don’t like our situation, we can move, however I was told by a realtor last week that I would take at least a $50,000 hit if I were to sell now (if my condo even would sell) and he advised me to rent it out, however that still keeps me tied to the board. Even with a lawyer, I’m still being harassed and discriminated against. It’s a terrible way to live. Never, ever would I live in a condo again.
I am in a similar situation with no end in sight. The Board President does not want other owners at the meetings, because the meetings are held at her apartment and as she stated at the last one *I don’t want a circus at my house”.
The board is made out of people that think that what is good for them is also good for everyone else.
Most owners are happy siting on their couch at night watching TV while this group of 5 members make decisions that affect their lives. They are told they cannot participate in meetings, they cannot ask for financial documents, they cannot write other owners to inform them of what is really going on etc…
As I understand Condominium Living means you are responsible for equal costs to maintain the community property, but also have equal rights to speak up if you don’t agree with the Board.
What a shame owners have to pay upwards of $75.00/hr plus .10cents/page to the management co to view/recieve what the BOD gets for free.The cost to management to produce upwards of a 31 page monthly board packet is payed by each owner by means of our common monthly fees.Meetings are a waste of time because the board has their nose burried reading the report the property manager gives them as the meeting starts and the management co runs the meeting.
Keep up the good work