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Seattle Times business reporter Elizabeth Rhodes posts the answers to your real estate questions as they pop up during the week. Join this ongoing discussion, which also features reader reaction to real-estate articles appearing throughout The Times.
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July 28, 2008 3:40 PM
Upset condo owner searches for a higher power
Posted by Elizabeth Rhodes
Q: Is there a public ethics agency where a condominium homeowner may file a complaint concerning an autocratic homeowner board president and a property manager where they conspired to recall two homeowner board members who did not agree with the property manager's proposed annual budget?
A civil suit cannot be considered since homeowners' funds would be used to defend the case. (The Washington Real Estate Commission was contacted without success.)
A: I don't believe there is such an agency. Condos are corporations and can pretty much run as they want -- as long as they follow their own rules and don't break any laws. That puts the responsibility on homeowners to solve their own problems.
Posted by Keely Jared
4:57 PM, Jul 28, 2008
I've seen so many of your forum questions about condo board problems - is this an epidemic? I feel for these owners.
Elizabeth Rhodes response:
I don't think it's an epidemic. Rather condos are still so new, as a housing type, that most people aren't familiar with their benefits, drawbacks and how they operate. So when problems arise, owners often don't have the knowledge of how to solve them. As condos become more common -- and they will -- there will be more resources. That will help.
Posted by Aaron
6:19 PM, Jul 28, 2008
I believe condo problems come from multiple sources.
Owners frequently do not decide what a condo is and is not. And board members frequently do not understand their role either.
Some owners believe the board and management is supposed to take care of EVERYTHING, much as an apartment situation. They may call management for every little problem, and take no maintenance on themselves.
Other owners believe they bought a full house that simply happens to be connected to neighbors. They frequently believe they have unlimited property rights, and don't see a need to follow rules.
When it comes to the board, some board members believe they are a police force, there to enforce the rules and impose their will on their neighbors. Other board members may pursue particular agendas or personal projects while neglecting the basics of building management.
And, even when a board and management company are doing their jobs correctly, and most homeowners are getting along, remember the old adages:
You can't please everyone all the time, and it only takes one bad apple to spoil the whole bunch.
I have been active on my condo association for about 7 years now, and even in the best of times, it is quite trying.
Aug 1, 08 - 07:30 AM
Granddaughter's land grab concerns relative
Jul 31, 08 - 07:30 AM
The case of the missing agent
Jul 28, 08 - 03:40 PM
Upset condo owner searches for a higher power
Jul 24, 08 - 08:00 AM
Too many sellers, too much competition, vex home seller
Jul 23, 08 - 07:30 AM
When former condo board members won't let go

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Posted by Aaron
4:21 PM, Jul 28, 2008
It is fairly typical for associations to have a rule in the CC&R's that any board member may be recalled, for any reason (or no specific reason), without notice, by a simple majority vote of the association members (ie owners). Check to see if your rules have such a provision.
If you think the Board President has acted so badly, I'd suggest you wage a straight-forward campaign. Gather your facts, put them in writing, then go door-to-door, explaining the situation to your neighbors. If you get a majority to agree with you, the offending board member would be removed. Its really that simple.
Depending on the size of your association and your dedication, going door-to-door may take a few days or a few weeks. But its an excellent way to gauge how many people share your viewpoint. If you can't get 50% of the members to agree with you, then consider the possibility that the board member's actions aren't as horrible as you believe.