Condo Fees vs. Percentage Ownership

[problemmagnet2]

Quote

I understand. It comes from the idea that the Federal government should have the top laws. However, our government gives states more responsibility to govern ourselves. Then, in a condominium situation the circle gets much smaller.

For example, I found this rule. So, basically, yes, if everyone votes on it, it can be a law. If not everyone votes then majority rules.

Unless otherwise provided in the declaration as originally recorded, no amendment may change the configuration or size of any unit in any material fashion, materially alter or modify the appurtenances to the unit, or change the proportion or percentage by which the unit owner shares the common expenses of the condominium and owns the common surplus of the condominium unless the record owner of the unit and all record owners of liens on the unit join in the execution of the amendment and unless all the record owners of all other units in the same condominium approve the amendment.

If the underlining didn't occur above I meant to underline from the words "unless the record owner of the unit...."

I heard on the radio the other day that in NYC privately owned condo buildings can vote to keep out Jews! Obviously, that's just an awful law. But it's legal. In most cities if you have too many Section 8 then it creates a problem for a prospective owner to secure a mortgage. That seems discriminatory, however, it's a law.

Still no word from Home Guru? If you stump him do you win a prize?

 

[kcheartland]

PMFJI but I seem to see the key....

I am probably wrong but I believe what they are saying is that owners pay according to the percentage of the entire property/building irrespective of the designation of 1 bedroom or 2 bedroom or one occupant vs two occupants or if my limited common element (balcony) is bigger than yours. So it is a percentage.

Additionally, as I understand it, HOA can be more restrictive or explicit but cannot override a law. Couldn't someone who owns a smaller percentage take the HOA to court to get the equal percentage vote thrown out? (and then, of course, move out!)

Now, could one of you help me with my question concerning handicapped/accessible parking?
https://forum.freeadvice.com/showthread.php?t=247451

thanks!
VV

 

[HomeGuru]

You people are going way off tangent. Stick to the main issue.

 

[ob1mike]

homeguru,
you've held us in supsense long enough, i'm meeting with the HOA June 1....

 

[HomeGuru]

homeguru,
you've held us in supsense long enough, i'm meeting with the HOA June 1....

**A: how did your meeting go?

 

[ob1mike]

it was a somewhat heated at times, but condo fees are now distributed based upon percentage of ownership, so i am pleased. homeguru, you never disclosed the information that you said we were missing.

 

[problemmagnet2]

%

"Hello,
There are 9 condo units in my building. 6 of them own 12.xx percent of the building and 3 of them own 9.xx of the building, yet everyone pays the same amount for condo fees. Is this legal and if not, what can I do about it?


it was a somewhat heated at times, but condo fees are now distributed based upon percentage of ownership, so i am pleased. homeguru, you never disclosed the information that you said we were missing."

___________________________________

Sounds like a small place. Let's hope you didn't just make 6 new enemies. That could make for a rough living situation. If everyone was ok with the previous situation, you've just rocked the boat.

HomeGuru meant the first part of that law you cited, which said:

Section 6. (a) (i) Except as provided in clause (ii) herein, all common expenses must be assessed against all units in accordance with their respective percentages of undivided interest in the common areas and facilities. The organization of unit owners shall have a lien on a unit for any common expense assessment levied against that unit from the time the assessment becomes due. Common expense assessments must be made at least annually, based on a budget adopted at least annually in accordance with the master deed, trust, or by-laws

With legal documents and laws every word counts. If the clause said a particular situation can make all fees equal then that law rules.