Ask George: Can Note-Taking At Meeting Be Prohibited?
Hi George
Can you answer the question if it is permissible for unit owners who attend Board meetings to take notes on a computer/or in writing.
I have never heard of a condo association that attempted to prevent note-taking, but have heard of associations that prohibited video taping of meetings.
George
Hi George,
I am now in a legal dispute with Willow Springs (WS) Condo Association in New Milford, CT. In particular while researching some information about two months ago, I found the following information, each point below research and which our BOD apparently breaks the law:
1) I read that a CT community cannot charge more than 12% late fee for late common charges. WS charges more than 12%, and they charge turn over fees on top of that plus attorney fees. While attorney fees can be added, it sounds like other fees cannot be added and just called something else? Is this correct?
2) Is it possible for the community to sue the BOD for overbilling members for years, above and beyond the 12% allowed by CT law? Another NY State attorney told me that the BOD could be sued individually and collectively, for these fees that have been overcharged for years, over and above the 12%, and they would be personally liable, not the condo community’s insurance agent, since they broke the law?
3) I read that most states in the US requires condo communities to disclose what their policies are regarding late fees, how that is handled, and at what point it is turned over to an attorney, then incurring additional late fees and attorney fees. Does this apply for CT?
EG. While serving on the BOD a few years ago, accounts were not turned over to attorneys until they were behind in common charges of about $2000 to $2500. My account was turned over after 3 months when I was out of work and then had about $450 added to the bill. Turnover policies were never disclosed to the community now nor in the past. I read they are required to disclose that information to the community within the first 60 days of the new fiscal year. Is this true for CT too?
4) I repeated asked their attorney verbally and in writing for a breakdown on the total amount due, to which they continually failed to account for, indicating these large sums of money.
5) After that 3 months I missed ($238.33 each month), I commenced making payments now for over 5 months in the amount of $300, to cover make up payments, only to have my uncashed checks returned back to me by their attorney for failure to either: a) pay the entire amount due in full for which they refuse to breakdown and disclose, or b) require me in writing to agree to make the makeup payments and agree to give up all my legal rights to them, providing them the right to foreclose on me if I was even late with one payment. White I have no problem making these payments; I would never give up my legal rights to fight them.
6) Is it meaningful to find an attorney who would represent the community with regards to overbilling with late fees over and above the 12% which I read is the maximum allowed by law. They could represent the entire community individually and collectively, suing for over charging unit owners for late fee penalties.
7) Can you recommend a CT attorney who could assist?
Thank you!
I would love to know where you found that there is a limit to what an association can fine a unit owner. I know of no such law.
An individual was voted into office as Treasurer, then President. We do not get a good turnout at voting for members due to owner’s do not like the members that are seeking position. This particular person was being sued due to a personal incident by a neighbor three doors from her. She took thousands of dollars and spent in on ten signs so that the neighbor would drop the case against her and husband. We want payment back. Should a letter be written to a local senator due to the recent HB by Gov. Malloy. How can it be handled. I am not frightened of her. I have been receiving some legal advice. I was advised to run it by you.
Our association charges a move in and move out fee of $350.00 (non-refundable). When I moved in the fee was $150.00 (also non-refundable). Can they do this without a vote and/or bylaw change? Needless to say residents are sneaking out without paying.
Just wondering.
Thanks,
Georgeann Cheska
Yes they can.
Dear George, Our manager stated that our by-laws and declarations need to be updated at the end of this year’
We live in a small condo complex of over 55 year olds,
The manager says that the lawyer charges $5000.00 plus
expenses to do this work. Do you have anyone in mind
in the New Haven area who would do this any cheaper?
There is no hurry as we won’t work on this till the end
of this year. Thank You, Larry Solkoske
Does anyone have an answer to my question of June 23
about prices for an attorney? What is a fair rate?
George
I have been trying to get work done on my condo for years. I go through the correct process and am either ignored or put off. I notice that current board members are getting preferential treatment and timely repairs done on their condo. Is this action legal? What could you recommend?
Thanks