Hello Dong, I’m a condo owner in Washington DC and could really use some advice.
Here is a very quick run down of my situation:
- there are 12 total units in our condo association (3 buildings side by side
with 4 units in each)
- 3 units have been bought and are being lived in. 1 other unit is finished, and
the 8 remaining units are approximately 75% - 85% finished.
- our developer has notified our acting property manager that they do not have any funds available to pay for upcoming insurance premiums (covering all three buildings) and repair costs for fixing our water heater a couple of times and possibly replacing our sump pump. The developer also said their lender would not give them any more money. Since I moved into the condo in March there has
been no work done on the 8 unfinished units.
Since there are only 3 of us condo owners (25% occupancy) the developer is still in charge of the condo association, which, to me, seems to leaves us with few options. There has been talk with our property manager about doing a special assessment (for the 3 homeowners) to cover the insurance and repair costs. However, is it possible to have a special assessment that only applies to 3 homeowners? The developer still technically owns the other 9 units and I don’t believe they should be excluded. But if they are broke then what? We can’t try to foreclose on the unoccupied and unfinished units because we don’t control the condo association.
I guess some of our options could include suing the developer, making our building where the three of us live a separate condo association, or doing the
special assessment and then recouping costs later down the road when (or if) the developer finishes and sells the remaining 9 units.
Are there more options out there? I’d like to hear opinions from anyone willing to share them. We are in the process of getting a lawyer and I know that might be our only option, but I thought it would be interesting to see if you guys have any other suggestions or anything further to add. If anyone needs any more information please let me know.
Thanks,
Patrick
Patrick has quite a situation, and one which I’m not very qualified to answer. It’s clearly a legal issue more than anything else. This is not to say I don’t have any thoughts. I even took a little time to get some quick legal advice from actual lawyers. The first thing that Patrick needs to do is review all the documentation associated with the property. This includes the Condo Association bylaws, the Master Deed, and Purchase and Sales agreements. There might be something in those documents to hold the Developers accountable and or specify a predetermined remedy.
The bigger problem is not so much holding the Developers accountable, but what then. The problem with the developers is that they probably don’t have any money. I think Patrick and his fellow homeowners should exact what they can from the negligent developers, but it’s unclear how much of anything the developers have to contribute. Given that the developers is not paying dues and being a responsible member of the condo association, they may forfeit some of their voting rights as a member of the association. It’s unclear to me if this would be the case as the laws vary state to state. In the least the Condo association should begin the process of getting a lien against the properties so that they are in position to be paid.
As for having a special assessment that applies only to small subset of the unit owners, apparently in Massachusetts this is the de-facto course of action when more than 50 percent but less than 75% of the condo owners agree to the improvements. In Patrick’s case, actual owners only have a 25% interest. However, it might be different in Washington DC.
At the end of the day in this situation as in many other situations in life, it’s important to acknowledge common interests and not just take the opposing position. It’s in the best interest of both the current Condo Owners (Patrick and his compatriots) and the interests of the Developers to make the required fixes. The more work that’s done on the property, the better off the developers are. Ultimately all the developer wants to do is to sell the properties, and if the property is in disrepair his chances of doing so are diminished. With that in mind I think it’s important to both talk a lawyer and talk to the developers about coming to an agreement. I wonder if there’s opportunity for Patrick and the other owners to help developer sell the remaining units to owners who have the money to finish up the property and pay the assessment? Hopefully everything works out for a Patrick, and if anybody else has any thoughts please share in the comments. Both I and Patrick would appreciate it, especially if you’re a real estate lawyer 