What can I do? -Non performance by the association

[reppoc]

What is the name of your state? Wisconsin. We have a very small condo association, and in the past year they have done nothing but cut the grass and plow the drive. There is trash and litter lying everywhere. Trees shrubs and leaves were never attended to last year. The drive needed sealing and was not done. This plave just looks trashy. Now the newest conflict is the snow. They are not shoveling our walk. Not once this winter. This has always been done in the past. I contacted the Pres, and she states she did not hire anyone! It has been 15 days "this" month my walks are iced over, snow covered and dangerous. What are my options? Can I sue the association in small claims? Do I have to continue to pay dues? I have sent her a copy of the by-laws. She stated (honest to God) "we can change these anytime we want"! Can anyone give me some direction? Thanks... Reppoc

[JWL]

The Association is bound by the Condo Docs as they exist today. If the Docs say the Association has responsibilities for the common areas and the Board is not living up to their responsibilities, it should be brought to their attention as well as the other homeowners. There may or may not be a valid reason for their inaction. Get to the bottom of that. If the owners agree that the performance is lacking, then the owners can bring pressure, up to and including replacing the Boardmembers. Be prepared to step up and do a tour of duty on the Board. I wouldn't stop paying the dues, then you are not abiding by the condo docs. Two wrongs don't make a right.

[HomeGuru]

good points JWL.

[reppoc]

Thanks for the advice. I was president of the association for five years. I stepped down two years ago. I "did" my time! I "have" asked for reasons, and all I was told was she just never hired anyone. I can try the other owners, but nobody seems to care about anything that happens here until it effects them. No one wants to get involved or be on the board, yet they don't want to spend the money to hire a management company. I am moving south in two years, guess I will just sell an go rent if there is no way legal way to get them to do something. Thanks for the suggestions.

[HomeGuru]

Originally Posted by reppoc

Thanks for the advice. I was president of the association for five years. I stepped down two years ago. I "did" my time! I "have" asked for reasons, and all I was told was she just never hired anyone. I can try the other owners, but nobody seems to care about anything that happens here until it effects them. No one wants to get involved or be on the board, yet they don't want to spend the money to hire a management company. I am moving south in two years, guess I will just sell an go rent if there is no way legal way to get them to do something. Thanks for the suggestions.

**A: there is a legal way to do something. Hire an attorney to tell you the ways.

[reppoc]

Thank you.. as long as that can be productive, it is what I will do! I again thank you all for your time.

[HomeGuru]

Originally Posted by reppoc

Thank you.. as long as that can be productive, it is what I will do! I again thank you all for your time.

**A: use the CC&R's as your guide.