Need some information on newly elected HOA pres.

[dkharlan]

I am wondering if anyone has experience with HOAs, newly elected members, things like that. Our conod association is newly formed and we have all elected a president, secretary and treasurer. I think we have made a big mistake electing our president. This person does live in CR about 5-6 months out of the year compared to the rest of us condo owners. I had never met the person before and there were only two people running for the presidency. One of those people has decided to move back home and sell his condo so that really left us with one choice. I thought it was going to be a good choice but I don’t think so now.

I have a couple questions:
Can the president of the HOA make decisions as to what property management company to use? This person is saying that it is his choice and none of the condo owners have a say in this very important decision at all, he is going to do what he wants, period. I did not think that is the way things are done.

This person has also stated that what he decides goes, in other words whatever extra things he wants to do to the grounds, anything he decides he will do and we all have to pay up, no questions asked….because he says so. I think he has hired an attorney and found out what he can and can’t do. As of now we are all supposed to be paying $160 a month for our HOAs, but we will have extra money that we have to pitch in if he decides to say, buy BBQs for the grounds, builds a bike and motorcycle storage rack…things like that, start up s slush fund. That is only to start with. I certainly don’t mind paying my share, but I would like to know what things he has in mind before he just goes ahead and does it and then we all have to pay up.

I am not rich by any means and I certainly don’t want to be nickel and dimed to death every month with no say so. I think $160 a month is quite high considering most of the condo owners bought their condos for $50,000.

I know we are stuck with this person for a year, but I am very afraid he is really going to mess things up for all of us, expecially property management and security issues. I don’t know if there is anything we can do as owners, especially if he decides to do things on the property without asking for votes and then telling all of us to pay up. I am a bit worried, I hope he does not make any of the local people mad and cause them to not want to do any business services for us. I personally think he should hire a property management company for 6 months, see how that goes and take it from there. He has decided to basically run things himself, hire somebody to do our bill pay and things like that. I don’t know about any of this, but we may have no choice.

Any ideas from anyone I would really appreciate it.

[Andrew]

I’m not sure anyone can give you good advice without having read your condo association regulations?

And why on earth would you have elected someone as President of the association when he doesn’t even live there full time?

Scott Oliver – Founder
WeLoveCostaRica.com

[dkharlan]

I am sorry that we all did, but no one else ran and on paper he seemed like the best (and only) candidate. I think we are stuck now, unfortunately. I suppose all of us owners will have to get together and figure out what we are going to do. I suppose we should give him the chance to see if he can run this or not. I wish I lived in CR full time for sure, now!

I am sure he is going to change the condo association regulations to suit his needs….although I hope I am not just assuming, but I kind of think that is the direction he will take. I don’t think we have any legal recourse that we can take. Can we impeach him if we so choose?

[philipbennie]

As Scott says you need to get a copy of the condo association constitution. If the condo was properly formed there will be a copy in the public registry. This will clearly tell you what powers the president has and your own powers. Many of these are set by law and provide protection for all parties.

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