Motion for judgment....Need help!

[3rd eye]

Hello forum,

I am a newbee in need of some forum expertise. I recieved a motion for judgment from an attorney representing the condo assoc. where i live and own a condo. The board of directors of this condominium(most of whom no longer reside or own property here any longer) voted for a "special assessment" for repairs to our parkinglot and foundation.I did not vote for this assessment (which was in excess of $15,000 for my unit). Now they are seeking judgement, which will more than likely attach to my property. I need to know the steps needed(ie.motion to dismiss,bill of particulars,and demurrer) in order to protect my rights and property.If it makes any difference I live in the Commonwealth of Virginia.

[charlesa6]

Originally Posted by 3rd eye

Hello forum,

I am a newbee in need of some forum expertise. I recieved a motion for judgment from an attorney representing the condo assoc. where i live and own a condo. The board of directors of this condominium(most of whom no longer reside or own property here any longer) voted for a "special assessment" for repairs to our parkinglot and foundation.I did not vote for this assessment (which was in excess of $15,000 for my unit). Now they are seeking judgement, which will more than likely attach to my property. I need to know the steps needed(ie.motion to dismiss,bill of particulars,and demurrer) in order to protect my rights and property.If it makes any difference I live in the Commonwealth of Virginia.

Welcome.
I don't understand why they will allow non resident owner or non property owner to run for the board of directors.

It get be something behind it. Do you check the house rule first if there is anything applies to non resident to run for board of directors?

Do you sign any agreement for this special assessment?

To protect your right and property, you get to put the lien on it first make you the first in line to collect.

[Notorial dissent]

Ah the joys of a home owner’s association and the never ending quagmire that it engenders.

You are going to need a copy of your state’s condominium association laws, and the home owners association by-laws and minutes for when the assessment was made, and who the officers and board members were at the time, the minutes should tell you.

Check, the by-laws, and the state laws, but usually they grant the association a priority lien for things like this.

That being said, you are going to need to respond in a timely fashion in court, and you are quite likely going to lose. If the assessment was passed by the required number of association members, you are stuck with it, and the end result is that you may very likely lose your property when they foreclose on the assessment judgement. This is not a good situation to be in, a lawyer versed in this area of law might be of some help, I would certainly talk with one to see if they think they can do anything for you, it would be a start. You have a long bumpy road ahead of you.

[nydeemarie]

wow.. that's nasty stuff..

a home association.. with the power to tax you out of your home at will?

are you going to make them prove thier claim?

maybe prove their charter?

make sure they obeyed whatever bylaws.?

ie.. elections? residency? etc..

their power to contract and lien?

I have never heard of such a thing..

[charlesa6]

Yea, it just a BS. They can't do jack s***t if you know how to deal with them. I'm a member of condo association, they just a bunch of morons that's why they make a President. That's all.

[Notorial dissent]

Originally Posted by nydeemarie

wow.. that's nasty stuff..

a home association.. with the power to tax you out of your home at will?

are you going to make them prove thier claim?

maybe prove their charter?

make sure they obeyed whatever bylaws.?

ie.. elections? residency? etc..

their power to contract and lien?

I have never heard of such a thing..

Which just goes to show why you really should read all the paperwork when you sign something. When you buy into a condominium with a Home Owner’s Association, you have bought into a pre-existing situation and contract that is not only legally binding, but can be pretty nasty in many cases. If it is in the Homeowner’s Agreement, they can pretty well determine everything you do, up to an including the color you paint your condo. They also have the power to set assessments for the group property, and if a majority of the owners have agreed then it is a done deal, like it or not. One of the joys of democracy in action. As I said, you will have to check the by-laws, and minutes, but they have the law on their side in this. And yes, you need to make sure they followed their own by-laws in actually doing it, but usually they do. Their power and authority will be in the Homeowner’s Declaration or whatever they call it in VA, and it will be pretty extensive, I’ve seen some of these that run to better than 100 pages and cover everything under the sun. Special assessments are the particularly nasty side of condominium ownership.

Originally Posted by charlesa6

Yea, it just a BS. They can't do jack s***t if you know how to deal with them. I'm a member of condo association, they just a bunch of morons that's why they make a President. That's all.

That so called BS can and will get you tossed out on your behind. Every association is different, but they all have the potential to be painful. Obviously you have been too busy to actually read the information for your association, or else it is so poorly run that the place is probably ready to fall down. Either way, not good.

[Dillon Hunt]

Check this website out before you do anything.

Maybe agree, send a counter-offer with new conditions added or ask them to please define money?


http://www.breaktherulesandwin.com/index2.html

[Codee]

I think you are going to lose. If they enrich your property why should they not be able to lien against it since they increased its value.

[charlesa6]

Originally Posted by Notorial dissent

Which just goes to show why you really should read all the paperwork when you sign something. When you buy into a condominium with a Home Owner’s Association, you have bought into a pre-existing situation and contract that is not only legally binding, but can be pretty nasty in many cases. If it is in the Homeowner’s Agreement, they can pretty well determine everything you do, up to an including the color you paint your condo. They also have the power to set assessments for the group property, and if a majority of the owners have agreed then it is a done deal, like it or not. One of the joys of democracy in action. As I said, you will have to check the by-laws, and minutes, but they have the law on their side in this. And yes, you need to make sure they followed their own by-laws in actually doing it, but usually they do. Their power and authority will be in the Homeowner’s Declaration or whatever they call it in VA, and it will be pretty extensive, I’ve seen some of these that run to better than 100 pages and cover everything under the sun. Special assessments are the particularly nasty side of condominium ownership.



That so called BS can and will get you tossed out on your behind. Every association is different, but they all have the potential to be painful. Obviously you have been too busy to actually read the information for your association, or else it is so poorly run that the place is probably ready to fall down. Either way, not good.

Say ain't so.

[charlesa6]

Originally Posted by Dillon Hunt

Check this website out before you do anything.

Maybe agree, send a counter-offer with new conditions added or ask them to please define money?


http://www.breaktherulesandwin.com/index2.html

That's my point exactly.