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Thread: Lost faith in Condo Law

  1. #11
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    Quote Originally Posted by otis View Post
    . I have had my apartment surveyed and there is no means by which the entire floor measures the square meters totalled in the titles.
    A little late to realize that.
    BTW, how can you expect the deed to read the charges are a "specific amount" per square meter? Don't expenses increase over time?

  2. #12
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    Quote Originally Posted by Ken View Post
    This is not strange. It is a procedure in the condo law. We have it the rules of the condo where I live. If monthly fees are not paid within a specified period, action is started to take possession of the apartment,
    Ken I construct for a living, over the years I've constructed well over 9 tenements governed by condo by laws, during this time I've heard of many disputes from apartment owners in the buildings I've constructed for the same reasons explained above, however I've never heard of a apartment being seized for this. Like I said, stranger thing have happend.

    Perhaps I've never been made aware of court proceedings after said disagreement were vented in the justice systems.

  3. #13
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    Quote Originally Posted by Taino808 View Post
    Ken I construct for a living, over the years I've constructed well over 9 tenements governed by condo by laws, during this time I've heard of many disputes from apartment owners in the buildings I've constructed for the same reasons explained above, however I've never heard of a apartment being seized for this. Like I said, stranger thing have happend.

    Perhaps I've never been made aware of court proceedings after said disagreement were vented in the justice systems.
    Are you constructing them in the Dominican Republic.

    The court where this and other condo matters are dealt with is the land court.

    The quickest and most effective way to deal with an owner who doesn't pay his maintenance fees
    is to start proceedings against the owner in the land court to take possession of the apartment. However,
    to be able to do this, the steps to be taken against a non-paying owner must be written in the rules of the condominium or approved by, I believe, 75% of the total possible votes in an assembly.

    If you go through the archives and read posts by Fabio responding to questions about owners who do not
    pay their maintenance fees, you will see him advising to start action in the land court to take the apartment.

  4. #14
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    Otis, is all this taking place in the land court or some other court?

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    Quote Originally Posted by Ken View Post
    Are you constructing them in the Dominican Republic.

    The court where this and other condo matters are dealt with is the land court.

    The quickest and most effective way to deal with an owner who doesn't pay his maintenance fees
    is to start proceedings against the owner in the land court to take possession of the apartment. However,
    to be able to do this, the steps to be taken against a non-paying owner must be written in the rules of the condominium or approved by, I believe, 75% of the total possible votes in an assembly.

    If you go through the archives and read posts by Fabio responding to questions about owners who do not
    pay their maintenance fees, you will see him advising to start action in the land court to take the apartment.

    Claro que si!! Right here in Santiago, for the past 14 years.

    I am well versed with the "tribunal de Tierra", god knows I've had many a rubs with them. I've also heard many story over the years, enough to write a book, but never of something like this happening. This does not mean I'm doubting you or the OP. I simply speak from personal knowledge, not from a judicial point of view.
    Last edited by Taino808; 06-25-2012 at 09:53 PM.

  6. #16
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    Quote Originally Posted by Ken View Post
    Otis, is all this taking place in the land court or some other court?
    Yes - we objected to the original assembly meeting and that decision is waiting in the land court for 2 years now. Unfortunately though the embargo process is fast tracked so that is proceeding well ahead of my appeals.

    As to the poster that does not believe this could happen. It can and it has - my apartment has already been to the auction and was only saved due to a technicality on the condo lawyers side (he did not advertise the date of sale). It is currently in delay due to the fact that I launched a criminal case against the individual for fraudulently putting my apartment in embargo. If this case is dismissed it will be back on the auction block. Anyone have any responses to my original questions?

  7. #17
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    Quote Originally Posted by otis View Post
    Yes - we objected to the original assembly meeting and that decision is waiting in the land court for 2 years now. Unfortunately though the embargo process is fast tracked so that is proceeding well ahead of my appeals.

    As to the poster that does not believe this could happen. It can and it has - my apartment has already been to the auction and was only saved due to a technicality on the condo lawyers side (he did not advertise the date of sale). It is currently in delay due to the fact that I launched a criminal case against the individual for fraudulently putting my apartment in embargo. If this case is dismissed it will be back on the auction block. Anyone have any responses to my original questions?
    Out of curiosity, how long has this been going on? It doesn't sound like it started a couple of weeks ago.

    And may I ask, what is the difference between what you were paying, and what they wanted you to pay?

  8. #18
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    Quote Originally Posted by JDJones View Post
    Out of curiosity, how long has this been going on? It doesn't sound like it started a couple of weeks ago.

    And may I ask, what is the difference between what you were paying, and what they wanted you to pay?
    As I mentioned in my first post they first increased the rate in Jan 2010. The rate increased from $400 per month to $863 per month.

  9. #19
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    Quote Originally Posted by otis View Post
    As to the poster that does not believe this could happen. It can and it has - my apartment has already been to the auction and was only saved due to a technicality on the condo lawyers side (he did not advertise the date of sale). It is currently in delay due to the fact that I launched a criminal case against the individual for fraudulently putting my apartment in embargo. If this case is dismissed it will be back on the auction block. Anyone have any responses to my original questions?

    It's not that I didn't think it could happen, but more to the point, that I hadn't heard of such a thing ever happening. I just hope it's not too late and I hope you could solve his problems in a amicable manner. Wishing you luck!!

  10. #20
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    Default The time has come..........................

    [THE TIME HAS COME TO PUT TO AN END THE INEQUITY OCCURING AT CARIBE CAMPO. "OTIS" IS CORRECT IN THAT OTHER APARTMENTS ARE NOT BEING ASSESSED CORRECTLY. HIS APARTMENT IS BEING SINGLED OUT -- WRONGLY. MEASURMENTS SHOULD BE MADE & PEOPLE CHARGED APPROPRIATELY AND NO GOING BACK IN TIME FOR PAST FEES. IT STARTS FROM THE FIRST DAY OF THE NEW CALCULATIONS FOR THE APARTMENTS IN QUESTION. THE NEW ADMINISTRATOR IS WILLING TO BRING YOU (U) BACK INTO THE FOLD HERE(& MOST OF US WANT U & T BACK) WITH SOME SERIOUS NEGOTIATIONS. I BELIEVE THE TIME IS RIGHT TO BRING THIS STORY TO A PLEASANT CLOSE. OTIS (B.M. & T), PLEASE CONSIDER WHAT IS PRESENTED. QUOTE=otis;1104843]So 3 years ago an individual in our condo got himself elected to the "board" which has no authority but assumes power. In office he convinced the administrator to double my condo fees. I had been paying an established rate for 5 years - but this individual stated my titles said that I owed more.

    Note our bylaws do not stipulate we pay by titled square meters but by meter and as my apartment was not built to the condo constitution description which states I have 6 apartments - I only have a 3 bedroom - I figured this was a prearranged agreement. And for 5 years continued to pay at the established rate.

    So the condo started billing me for double my meters and then they slapped a 5 year backpayment on me including interest fees and penalties. I continued to pay at the old rate until someone could explain how this was legal. Then last year the Admin refused to accept my regular payments and put my condo in the embargo process. The AGM authorized the embargo because the individual who initiated the whole fiasco had most of the proxy votes. There were no accounts presented or justification for the debt.

    The situation is made even more ridiculous by the fact that another apartment holder has assumed the entire area covering the roof of my condo but he only pays for the small space of his actual apartment. Many other owners have also assumed large tracts of common property and only pay for their apartment space. So for some reason I have been singled out.

    Anyway last year the administrator got deported and we got a new administrator and although he seems a reasonable guy he says he can not stop the embargo as the condo is strapped for cash and wants the money. In addition the condo lawyer has a special power of attorney that lets him do what he likes and the lawyer wants to sell my apartment so he gets his percentage fee.

    My lawyer has tried countless times to have an injunction placed on the embargo and have it dismissed but the courts are not listening and state that the condo AGM agreed to the embargo so it is going to happen.

    My only recourse according to my lawyer is to the sue the Condo after my apartment is sold. I find this ludicrous!

    So here are my questions

    - how can the condo embargo all my titles when I was paying half the fees which should have covered half my titles?

    - how can the condo randomly change an established rate?

    - is it common practice that no-one pays maintenance fees for common property they have assumed (without permission I might add)?

    - what rights and recourse do I have besides losing my apartment and suing (which will take years)?

    - if my apartment was not build as stated in the constitution then isn't the condo at fault for not changing the constitution to match the construction?

    If anyone has any answers it would be much appreciated. Sorry for the lengthy post.[/QUOTE]

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