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  #1  
Old 12-28-2008, 11:39 PM
ace ace is offline
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Default Legal Homeowners Issue : Please Read

I'm an owner of 3 condo's on the Northcoast. The building was once a resort and now turned into condo's. There are 60 units with about 50 to 55 owned. Parking has become a major problem because the complex was not build for this in mind. At the present time we have about 15 parking space available inside our gated and secured area. As I understand parking is common ground just like the pool area . Our President of the Homeowners just send out an e-mail on Friday. To be fair I copied and pasted the whole e-mail so I don't leave anything out.

Here are my questions and concerns.

* Can a President make a major decision like this without ever having a posted meeting with owners.

* Can a President demand to start charging for common ground of a complex with out being written in the By Laws

* He has demanded 1 year advance payment ???

* We have at leat 50 owners and only 15 will get a spot now and when , if ever the rest of the lot is finished it will only be a total of 28 spots. This hurts the property value to anyone who didn't pay for a space.

*There will never be enough room to make a space for every unit.

* I was strong armed into paying for at leat 1 space due to the fact I have a tenant arriving tomorrow and he will have a rental car.

Words can't be written of how upset I am over this. I have 2 other properties and now there value went down and trying to sell them just got harder.

This is completely unfair . What next he decideds the pool isn't big enough for all the owners, so we will have to swim on odd and even days depending on your condo number and then have to pay an extra 300 pesos a month. One year in advance.

I pay maintenance fees for the whole complex including the common ground.

I will contact my lawyer in the morning about this issue.

My question to the group is : Has anyone had these problems before and what can I do.

I did vote him in office, but never thought he would pull something like this. Just to be fair he has done a good job the last 2years. I don't agree with everything but this one is hurting my property value.

I do understand there is a serious problem with parking. I propossed that we raise the maintenance fees up only 300 pesos a month which would generate an extra 1,800,000 pesos a year to build more parking spots. And that went no where. 10 pesos a day , can you beleive that.

Here is the e-mail with one week notice of the new change.

" Dear owners

as you have noted quite often, we have a big problem with the parking lot situation here in our plant. We possess only 15 regular parking lots for 56 single apartments. We have already the situation that on daily bases approximately 5-8 parking lots are missing and owners of many years have to park their vehicles over night outside .Additionally repeatedly owners course-parked and even threatened each other and could only after hours move their vehicle . Since more apartments are sold and rented, this situation will very soon be intensified. In the New Year we expect, because of more rented and sold units of at least 8 - 10 further apartments and a corresponding increased demand at parking lots.
For fire-police reasons, as well as under the criterion of security within the plant, this condition is no longer portable in this form.

We decided therefore to tackle the development of the parking lots with priority within Tropicana Sur.

For the financing of the development of the parking lot we offer renting a firm parking lot to the owners within the plant for 1 year. The monthly amount of renting is 400,00 RD$ per parking lot and is bounded to the apartment. The rent per parking lot is to be paid for the full year in advance (4.800,00 RD$) and may be used then by the respective parking lot tenant only. The parking lot is marked with the apartment number and may be only occupied starting from 01.01.2009 by the tenant of the parking lot.

The order personnel are not allowed to permit starting from 01.01.2009 other vehicles on rented parking lots.

Since we have to assign only 15 parking lots, I would like that all owners register as soon as possible at the administration in order to rent their parking lot.

Of course maximally 1 parking lot can be rented for each apartment.

Please consider that also after the development for all apartments sufficient parking lots will be missing. If you need thus a parking lot, act rapidly, in order to secure your parking lot.

Merry Christmas and a Happy New Year wishes you

The executive committee

Short term rentals will have the following costs and can be taken also by tenants, if space is available:

1 day ?????????????? ?????80.00 RD$

1 week ??????????? ???400.00 RD$

1month ??????????? 1,200.00 RD$

Last edited by ace; 12-28-2008 at 11:46 PM..
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  #2  
Old 12-29-2008, 12:37 AM
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Lambada Level 9 Lambada Level 9 Lambada Level 9 Lambada Level 9 Lambada Level 9 Lambada Level 9 Lambada Level 9 Lambada Level 9 (1003)
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Was the issue of parking covered in your original contract of purchase? Is this place in Puerto Chiquito by any chance?
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  #3  
Old 12-29-2008, 12:52 AM
ace ace is offline
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Quote:
Originally Posted by Lambada View Post
Was the issue of parking covered in your original contract of purchase? Is this place in Puerto Chiquito by any chance?
Yes this is in Puerto Chiquito. It's my understanding the maintenance fees covered all common ground and security.This began to be a problem over a year ago , so this is their answer. Never thinking of the long term affect on owners who don't pay the ransom. My property value just went down on the other 2 units overnight. Who wants to buy a place when you can't park your car when your paying for the security and common ground. I guess the pool is next . This can't be legal ???
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  #4  
Old 12-29-2008, 12:59 AM
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I'm not a lawyer but I would guess the answer would lie in the Condo Association Rules & whether these permit common ground to have its purpose altered without a quorum of voting members.
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  #5  
Old 12-29-2008, 01:22 AM
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Quote:
Originally Posted by ace View Post
Yes this is in Puerto Chiquito. It's my understanding the maintenance fees covered all common ground and security.This began to be a problem over a year ago , so this is their answer. Never thinking of the long term affect on owners who don't pay the ransom. My property value just went down on the other 2 units overnight. Who wants to buy a place when you can't park your car when your paying for the security and common ground. I guess the pool is next . This can't be legal ???
I will leave the 'LEGALITIES' question to more legally minded & qualified persons to answer - I suppose it really depends on what was written into your original condo purchase contract & what was written into the home-owners association contract. However, a couple of thoughts cross my mind regarding your comments.
1. The figure quoted for a monthly rental cost of parking is only 25% higher (RD $100) than your original suggestion to the Home-Owners Association President - NOT a significantly high figure in my opinion & one which you can easily recoup from your tennants when they rent your property.
2. The notice suggests that YOU (the condo owner) are the only one allowed to use the car parking space you have paid for. I think you need to get this clarified to ensure it allows you AND/OR the condo renter to use the allocated parking space.
3. If you are not present in this condo AND you have not rented it out to someone BUT you have a renter in another of your condos, you SHOULD be able to transfer for an agreed short period, to that alternative condo.
4. You need to check that if NONE of your condos are rented AND you are not in occupancy of any of them for a month or two, that you have the right to sublet your parking space to another condo owner OR HIS GUEST/RENTER. You might want to offer this 'sublet' arrangement to the Executive committee to organise at THEIR agreed increased costing BUT THE RD $400 YOU HAVE ALREADY PAID REFUNDED OR CREDITED TO YOUR ACCOUNT!!!

Just some random thoughts that might allow some form of 'bargaining' between you & the executive committee/President. The comments/observations might also allow you to calm the fevered brow a bit! When you look at the proposal in it's basic format, it is NOT that much different to the one YOU put forward ....... RD $400 per month as opposed to your RD $300 per month! ~ Grahame.

Last edited by BushBaby; 12-29-2008 at 01:28 AM..
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  #6  
Old 12-29-2008, 03:12 AM
ace ace is offline
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Quote:
Originally Posted by BushBaby View Post
I will leave the 'LEGALITIES' question to more legally minded & qualified persons to answer - I suppose it really depends on what was written into your original condo purchase contract & what was written into the home-owners association contract. However, a couple of thoughts cross my mind regarding your comments.
1. The figure quoted for a monthly rental cost of parking is only 25% higher (RD $100) than your original suggestion to the Home-Owners Association President - NOT a significantly high figure in my opinion & one which you can easily recoup from your tennants when they rent your property.
2. The notice suggests that YOU (the condo owner) are the only one allowed to use the car parking space you have paid for. I think you need to get this clarified to ensure it allows you AND/OR the condo renter to use the allocated parking space.
3. If you are not present in this condo AND you have not rented it out to someone BUT you have a renter in another of your condos, you SHOULD be able to transfer for an agreed short period, to that alternative condo.
4. You need to check that if NONE of your condos are rented AND you are not in occupancy of any of them for a month or two, that you have the right to sublet your parking space to another condo owner OR HIS GUEST/RENTER. You might want to offer this 'sublet' arrangement to the Executive committee to organise at THEIR agreed increased costing BUT THE RD $400 YOU HAVE ALREADY PAID REFUNDED OR CREDITED TO YOUR ACCOUNT!!!

Just some random thoughts that might allow some form of 'bargaining' between you & the executive committee/President. The comments/observations might also allow you to calm the fevered brow a bit! When you look at the proposal in it's basic format, it is NOT that much different to the one YOU put forward ....... RD $400 per month as opposed to your RD $300 per month! ~ Grahame.
Hello Grahame,
Thanks for your commets. For me it's not the money as much as the principle. It's not fair to all the other owners who don't pay or want to and there aren't enough spots. If everyone paid a small increase for maintenance then the place would look great.30 parking spots is enough when all the units aren't full all of the time. Sure in high season you'll have more cars, then in 2 months the place is half empty.
I'm very frustrated in the way it was presented. In an e-mail with one weeks notice when the problem been brewing for well over a year. A blind monkey could of seen this problem well in advance. This is not the solution. I'm not 100% sure what is but I do know this isn't.
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  #7  
Old 12-29-2008, 09:19 AM
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Islander777 Level 1 (25)
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The legal answer is to be found in your project's regulations and the DR Condo Law (found in English at the Guzman law firm's website).

I suspect that some body with authority (Board of Directors or Owner's Convention) must decide to rent common area in order for it to be lawful.

The approach they wrote to you about does seem reasonable under the circumstances.
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  #8  
Old 12-29-2008, 10:18 AM
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What recourse will you have if other car(s) are found in your spot??? How is this going to be policed would be another issue I would want answered.

What happens a year from now, does it roll over still in your name if you were not one who quickly acted, will you never get a parking spot???
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  #9  
Old 12-29-2008, 02:07 PM
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SosuaJoe Level 2 (77)
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Quote:
Originally Posted by ace View Post
Hello Grahame,
Thanks for your commets. For me it's not the money as much as the principle. It's not fair to all the other owners who don't pay or want to and there aren't enough spots. If everyone paid a small increase for maintenance then the place would look great.30 parking spots is enough when all the units aren't full all of the time. Sure in high season you'll have more cars, then in 2 months the place is half empty.
I'm very frustrated in the way it was presented. In an e-mail with one weeks notice when the problem been brewing for well over a year. A blind monkey could of seen this problem well in advance. This is not the solution. I'm not 100% sure what is but I do know this isn't.
Seems to me there are two things going on here:

1) You don;t like the way it was handled
2) You don;t like the solution

I would humbly suggest that there are steps to be taken before involving lawyers.

First up, educate yourself about the condo rules (you seem to be in the process of doing that, so good job). This not so that you go and raise Cain about how unlawful it was, but rather so you know what your options are before settling on what might not be the best option.

Second, I would suggest you take a step back and separate your first, emotional response, from the equation. You feel this was not handled well. Fair enough. You are likely right. But you also say that the president has been doing a good job so far. So, as of yet, there;s no need to alienate this person, nor to enter into an adversarial dynamic. That road leads downhill and tends to pick up speed.

It might be worthwhile to simply talk to him and politely explain that this would have been better received had input from the owners been asked for and taken into consideration and that you at least would have liked to have been afforded the opportunity to bring some suggestions to the table.

Keep in mind, however, that it was handled the way it was handled -- your guy can;t change the past, so the best you can hope for on this subject is that he tells you he will keep you (and the other owners) in the loop on decisions of this nature. Don;t expect much more than that. Also remember that if he has been doing the good job you say he has, he is an asset to you and the owners -- treat him as such and give him a way to satisfy your requirements without losing face.

As to your second point, do you have a better, more equitable solution? If so, why not present it? It seems to me that the solution the president has put forward is a reasonable one, insofar as no one owner is being treated better than the others. The main problem is the lack of parking space -- he has put forward what he likely considers to be the best solution. If you have a better one, now is the time.

However you resolve this, there is one thing I can guarantee you -- a lawsuit will not solve your problems. A lawyer cannot make more parking spaces available, so at the end of the day, the owners are going to have to come up with a solution. This means working with, not against, the board.

In other words, you have the opportunity to work together with, rather than at odds with, the board. Handled properly, this issue can lead to better communication between the board and the owners and might even lead to a better solution for the parking issue and can open the door to discussions on how to better your property. Keep going down the road you have started on and you close the door on this opportunity.

It has been my experience that it is infinitely easier to go from working together to fighting than it is to go from fighting to working together. Therefore, try for the former first. You can always fight if you fail, but the reverse is seldom the case.

Let us know how you do

Best wishes for the Holiday season!

Joe
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  #10  
Old 12-29-2008, 04:11 PM
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SosuaJoe Level 2 (77)
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As an aside, I hope you will forgive me for bringing to your attention the fact that, while the gentleman in question may or may not have acted completely appropriately in how he handled the situation, you might also want to take a look at your own decision to make this matter public before taking it up directly with him.

I don't say this to criticize you, but rather in the hopes that you will see that there is likely enough questionable decision making in play to go around and that it is possible that you are not the only one feeling poorly treated today.

Try to see it from his perspective if you expect him to try to see it from yours.

Good luck!
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