Re: Missouri Condominium Law. I have owned a condo in a 70-unit high rise for 20 years. I have housed a small motorcycle in the condo garage for 6 years, covered, off to the side against a wall. A former manager said 6 years ago that I could park the motorcycle in the garage for free because the motorcycle is classified as a bicycle. Bicycles are parked in the garage for free in two spaces set aside for bicycles in large racks. The previous manager said 6 years ago that I could move the motorcycle out of the bicycle area nearer my car if I purchased a cover, which I did, again, 6 years ago. The agreement for the free motorcycle parking was all oral, although the previous manager said she checked with the board of directors at the time and the board okayed the free parking for the motorcycle. Cars are charged $45.00 per month per space. A new manager, onsite for 3 years said to me that I must begin paying $45 monthly 10/01/2001 for the motorcycle parking. The manager is mad at me for a simple unrelated complaint. I wrote a letter the board of directors and advised the board about the poor treatment of me by the newer manager. I also challenged the manager in a letter that it was wrong to begin charging me via a monthly billing statement the $45. I explained to the newer manager the oral agreement I had with the previous manager 6 years ago and have not gotten any written response. The newer manager said orally that he could do whatever he wanted as far as charging me the $45 monthly. I accused the newer manager of committing a spiteful act and acting arbitrary and capricious with regard to the $45 charge. There are no other motorcycles on the premises. WHAT SHOULD I DO? Fight the new charges and refer back to the old oral agreement or begin paying the monthly charge?
-
FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
By continuing to use this site, you are consenting to our Terms of Service and use of cookies.
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
condominium owners rights
- Thread starter ggrashof
- Start date
Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills Please click a topic or scroll down for more.
Mr. HomeGuru:
Why should I give in so easily without resistence when I am being arbitrarily and capriciously charged $45 per month to park my small motorcycle in a garage. The new manager hadn't said anything about the motorcycle in the condo garage for 3 years. Then he gets mad at me because I complained about something very minor and unrelated. If I do give in without a fight and "Pay," as you suggest, shouldn't I request a full, assigned parking place? And could this manager, who I pay for through my monthly association dues, arbitrarily begin charging me monthly for opening the front door of the building, for example or in other words whatever the manager decides to charge for whatever reason, without precedent, the board approval and in violation of the prior oral understanding? Just "Pay" doesn't work for me. A formal appeal letter to the board of directors, protest payment into an escrow account or anything but "Pay," appeals to me.
Why should I give in so easily without resistence when I am being arbitrarily and capriciously charged $45 per month to park my small motorcycle in a garage. The new manager hadn't said anything about the motorcycle in the condo garage for 3 years. Then he gets mad at me because I complained about something very minor and unrelated. If I do give in without a fight and "Pay," as you suggest, shouldn't I request a full, assigned parking place? And could this manager, who I pay for through my monthly association dues, arbitrarily begin charging me monthly for opening the front door of the building, for example or in other words whatever the manager decides to charge for whatever reason, without precedent, the board approval and in violation of the prior oral understanding? Just "Pay" doesn't work for me. A formal appeal letter to the board of directors, protest payment into an escrow account or anything but "Pay," appeals to me.
You only gave 2 options: fight or begin paying.
Let's review the facts here;
1. you already have an assigned parking stall that you use for your car. Said stall most likely is a limited common element appurtenant to your condo unit.
2. The manager is acting on behalf of the HOA, therefore he/she can charge a fee for parking.
3. You have nothing in writing giving you free parking and the manager that you had the agreement with is no longer there.
4. The new manager does not like you.
My suggestion is to negotiate a parking rate with the manager/HOA, say $20 per month.
Let's review the facts here;
1. you already have an assigned parking stall that you use for your car. Said stall most likely is a limited common element appurtenant to your condo unit.
2. The manager is acting on behalf of the HOA, therefore he/she can charge a fee for parking.
3. You have nothing in writing giving you free parking and the manager that you had the agreement with is no longer there.
4. The new manager does not like you.
My suggestion is to negotiate a parking rate with the manager/HOA, say $20 per month.
Mr. HomeGuru:
Thanks for your response. You hit the issue directly in the 4 points and quite frankly, I would be receptive to a $20/mo compromise. After an inexpensive fight.
FYI, I sent via mail (1) a formal, well-articulated, in my opinion, letter of complaint about the manager in general to each of the 7 Board of Directors; and (2) a formal letter to the manager, with a CC to each member of the Board, protesting the new $45/mo charge and explaining the oral agreement, circumstances surrounding the arrangement 6 years ago and the claim of an arbitrary and capricious act towards me by the manager.
Yesterday, the Pres. of the Board hand delivered a letter to my door acknowledging receipt of both letters and stating that the board would take up both matters at its next regularly-scheduled board meeting.
We shall see, but thanks again for your advice.
Thanks for your response. You hit the issue directly in the 4 points and quite frankly, I would be receptive to a $20/mo compromise. After an inexpensive fight.
FYI, I sent via mail (1) a formal, well-articulated, in my opinion, letter of complaint about the manager in general to each of the 7 Board of Directors; and (2) a formal letter to the manager, with a CC to each member of the Board, protesting the new $45/mo charge and explaining the oral agreement, circumstances surrounding the arrangement 6 years ago and the claim of an arbitrary and capricious act towards me by the manager.
Yesterday, the Pres. of the Board hand delivered a letter to my door acknowledging receipt of both letters and stating that the board would take up both matters at its next regularly-scheduled board meeting.
We shall see, but thanks again for your advice.
HOA Manager
Mr. HomeGuru:
As I mentioned to you, the manager of my condo has become a very difficult person to communicate with.
In the letter I wrote to the manager protesting the new motorcycle parking fee, I also included my regular monthly payment for the HOA fees and car parking. I noted this in the letter saying "herewith is a check in the amount of etc. for Oct., 2001." I then made the formal protest.
The manager is refusing to deposit the check for my monthly HOA fees. He will not speak to me about the matter and refers me to the board.
What am I missing here? The manager is not agreeing with me if he deposits my regular check into the operating account, is he? which is what I believe he is doing.
This is all absurd. Should I do anything to protect myself?
As I stated, the most recent note from the Board Pres. stated that my situation will be discussed at the next board meeting.
I do not want to get into a past due status with my payment schedule, and I do not trust this mean and spiteful manager.
Mr. HomeGuru:
As I mentioned to you, the manager of my condo has become a very difficult person to communicate with.
In the letter I wrote to the manager protesting the new motorcycle parking fee, I also included my regular monthly payment for the HOA fees and car parking. I noted this in the letter saying "herewith is a check in the amount of etc. for Oct., 2001." I then made the formal protest.
The manager is refusing to deposit the check for my monthly HOA fees. He will not speak to me about the matter and refers me to the board.
What am I missing here? The manager is not agreeing with me if he deposits my regular check into the operating account, is he? which is what I believe he is doing.
This is all absurd. Should I do anything to protect myself?
As I stated, the most recent note from the Board Pres. stated that my situation will be discussed at the next board meeting.
I do not want to get into a past due status with my payment schedule, and I do not trust this mean and spiteful manager.
Condominium Fee Squabble
Mr. Home Guru:
I received two letters in the past week as responses to my 10/12/01 protest over a $45.00 per month fee assessed to continue to park my motorcycle in the condominium garage. One letter came from the Board President and one from the Building's Manager.
The Board President's letter was a wordy, canned, 'window-dressing' acknowledging that the condo manager and employees should be courteous and respectful to condo owners. The Pres. also said the Board supported the manager. The letter added that I personally had had at least two other 'incidents' with employees over the past 11 years (I have lived in the condo for 21 years and served on the Board several years ago). The two incidents were minor complaints both many years ago concerning incompetent maintenance/housekeeping workers in the condo.
The Manager's letter was one brief sentence and said basically that I would not be charged the $45.00 monthly fee "at this time."
So, my resistance paid off, at least for the time being.
Thanks for your previous responses and assistance. In appreciation, I would gladly contribute a nominal amount of money to your favorite charity.
Mr. Home Guru:
I received two letters in the past week as responses to my 10/12/01 protest over a $45.00 per month fee assessed to continue to park my motorcycle in the condominium garage. One letter came from the Board President and one from the Building's Manager.
The Board President's letter was a wordy, canned, 'window-dressing' acknowledging that the condo manager and employees should be courteous and respectful to condo owners. The Pres. also said the Board supported the manager. The letter added that I personally had had at least two other 'incidents' with employees over the past 11 years (I have lived in the condo for 21 years and served on the Board several years ago). The two incidents were minor complaints both many years ago concerning incompetent maintenance/housekeeping workers in the condo.
The Manager's letter was one brief sentence and said basically that I would not be charged the $45.00 monthly fee "at this time."
So, my resistance paid off, at least for the time being.
Thanks for your previous responses and assistance. In appreciation, I would gladly contribute a nominal amount of money to your favorite charity.
Thank you. Please send your check to the 911 recovery fund at www.helping.org