Dog Size Does Matter to Board
QUESTION: Our association believes that a real estate agent committed fraud in a recent sale of a unit. He orally promised a new owner, before close of escrow, that her dog complied with the association’s weight restrictions for dogs.
He knew that the dog was twice the allowable weight. At the same time, he orally assured the board of directors that the buyer did not even own a dog.
The agent did not give the new owner a copy of the governing documents until after she moved into the unit. The board will grant her an exemption for her pet because she was an innocent victim, but we don’t want to deal with this agent again.
Can the association refuse to process the documents required for escrow if a particular real estate agent is involved with the sale?
ANSWER: The association must respond to escrow requests. The agent should be reported to his broker, the local Board of Realtors and to the state Department of Real Estate. The department can revoke the agent’s license if it finds evidence to substantiate your complaints.
The board had no obligation to accommodate the new buyer by making an exception for her. Both the buyer and the association could file a lawsuit against the agent, the broker and possibly the escrow company for misleading the buyer and failing to provide the governing documents in a timely manner.
The agent, broker and escrow company are supposed to have written documentation that the buyer did in fact receive the governing documents before close of escrow.
Ex-Condo Resident Moved on Wrong Day
Q: I have a conflict with the condominium association where I formerly lived. I was aware that residents are not allowed to move into or out of the building on Sundays, so my move was scheduled to take place on a Monday.
Both my parents were hospitalized on Friday before my move. Because of the emergency, I decided to move on Sunday. I hired some helpers and did not move any large furniture. We were done in two hours.
One of the owners complained to me, but she seemed to accept my explanation about my parents’ hospitalization. However, four months later, I received a bill for $475. When I questioned the bill, I was told that the charge was for polishing a 2-foot-by-2-foot area of marble floor in front of the elevator.
No one told me that the floor was scratched. I had no warning that they were going to hold me responsible. None of the people whom I have spoken to in the building noticed any damage or any work being done to correct any damage.
I have written to the management company and the board president and have not had any response.
I am continuing to pay my monthly assessments, but I haven’t paid the $475 bill. Each billing statement has more threats about paying it. Can the association place a lien on my unit if I refuse to pay?
A: The association cannot place a lien on your unit for the cost of the damage unless the governing documents specifically state that the association has the authority to do so.
Both you and the association have made mistakes. First, you admit that you knew that a Sunday move was against the rules. If you wanted the association to waive the rules for you, you should have asked for permission from a board member that weekend when the emergency arose.
The association’s mistake was its failure to notify you that there was any damage. The board should have given you an opportunity to see the damage and should have notified you in writing that there was damage and that you were going to be billed for the cost.
It is inexcusable for the association and the management company to ignore your letters. The association should allow you to state the reasons why you don’t believe that you owe the association for the damage. That is due process, a legal term that means “an opportunity to be heard” by the board. Write to the board again and request a hearing at the next board meeting. The association or management should respond to your request.
If the association continues to ignore you, this is a good example of a conflict that should be resolved through mediation, but even a mediation could cost you more than the $475. It’s your call whether continuing to try to fight the bill is worth your time, energy and money.
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Hickenbottom is a community association management consultant and a founding director of the California Assn. of Community Managers. She selects questions of general interest for the column and regrets that she cannot respond to all questions received. Send questions to: Condo Q&A;, Box 5068, Thousand Oaks, CA 91360.
