This was submitted by M to the Better Business Bureau on April 6th, 2009...
Case Description: In October, 2008, we received the scheduled budget for 2008 and a proposed budget for 2009. Note: The budget was NOT an accounting of the ACTUAL expenses, but what was PROJECTED to be spent!
(This was presented earlier than normal because the Board wanted to enact an assessment increase effective Jan, 2009, which they did.)
Normally, the unit owners also receive the Common Expenses for the previous year in January from Fox Management. (This details the actual cashflow for the condo.)
However, up to the present, April 2009, we have NOT received the Common Expenses for 2008 as required by law...
"605/18.5.(c)(2) The board...shall annually supply to all unit owners of condominiums...an itemized accounting of the common expenses for the preceding year actually incurred or paid, together with a tabulation of the amounts collected pursuant to the budget or assessment, and showing the net excess or deficit of income over expenditures plus reserves."
Desired Resolution: A copy of the 2008 Common Expenses, an explanation as to why Fox Management failed to do their legally-required duty, and an apology for their failure, to be sent to ALL Claremont Condo unit owners.
In addition, Mark Pearlstein, noted real estate lawyer, stated in his "Condo Advisor" newspaper column of 3/8/09 about this exact matter...
"The language of the statute does NOT make this a discretionary item, nor does it require the owners to request it."
So, why hasn't Fox Management supplied us with the 2008 Common Expenses? It's APRIL 2009!
The complaint was "validated" by the BBB on April 17th (almost two weeks later) and forwarded to Fox Management Group.
(again, note the timeline...almost two weeks from contact to acceptance of the complaint.)
Tomorrow, their response...
In other news...
I believe the ED-iot is becoming desperate.
The fact that he's been unable to remove the posters has generated buzz within the condo that claims by the Board about my being wrong might not be true!
Add to that, with Spring arriving, several unit owners are putting their homes up for sale, and they'll have to explain my signs (which are at ground level, and thus the first things you see when you enter in front or back) to any prospective buyers.
More as it develops...
and...
Monday's total for Fox Management Group's still-unpaid bill from July, 2008...$459.00, from an original $75!
Note; now that the 1% per workday cumulative late fee is over $4, it's really starting to mount up, at a rate of $20+ a week!
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Thanks for your input.