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  1. #1

    Default Combative Condo Management

    My question involves a condominium located in the State of: Alaska

    Every time owners in our condominium association contact our management company, no matter what the topic, they are combative and won't give a definite answer or they will tell you one thing and then another the next time. I have been watching financials this year and am waiting for copies of December 2013. Management stated in an email that they are never ready before the 15th. I called today and she said they weren't ready. Each prior month this year they have been ready by the 9th. She hung up on me when I mentioned this. As an owner, although not a board member, aren't I still entitled to making an appointment to get copies of the financials? It does state this in my rules and by-laws and I have had to use this article once before. I don't understand why everything always has to be a fight with them - we (owners) try to be nice but it's difficult and seems the only way to make things happen is to bitch to them.
    Thanks for any input!!

  2. #2
    Join Date
    Jun 2010
    Posts
    179

    Default Re: Combative Condo Management

    I'm a board member. The previous management company provided financials towards the 20th of the following month every month to the board. It does not surprise me they are not ready.

    Fact that you call and question things already sets things up as a battle stage. The management company is in a customer service type of job where nothing they ever hear is positive. It's all complaint after complaint. Try to think how you would react after working a job like this for a while. This affects you in more than one way. They are the ones that get the bids for any repairs/regular maintenance that needs doing. If they get fed up enough with a community they stop caring and you pay by virtue of them not getting you competitive prices on your contracts.

    A better non combative approach is for you to start showing up at board meetings. If there is no current open board positions, a committee can be formed, e.g. Finance Committee and you can start help bidding things out. But when you call and request things like this and quote clauses you are basically just another owner throwing stones at them.

    I hope this helps.

  3. #3

    Default Re: Combative Condo Management

    We have all tried being nice over and over again and tried to get things settled down. I guess my real question was/is if my by-laws state that I have a right to a copy of financials aren't I entitled to get this no matter the date?
    thanks

  4. #4
    Join Date
    Sep 2013
    Posts
    833

    Default Re: Combative Condo Management

    Quote Quoting maggiemae0907
    View Post
    We have all tried being nice over and over again and tried to get things settled down. I guess my real question was/is if my by-laws state that I have a right to a copy of financials aren't I entitled to get this no matter the date?
    thanks
    See:
    http://codes.lp.findlaw.com/akstatutes/34/34.08.

    Specifically:
    § 34.08.490
    (a) The association shall keep financial records sufficiently detailed to enable the association to comply with AS 34.08.590. Financial and other records must be made reasonably available for examination by a unit owner and an authorized agent of a unit owner.(b) A professional manager, managing agent, accountant, or other person with whom the association has contracted for services shall return all association records within five days of the termination of the contract. If the association records are not returned within five days, the association may sue for their return and for damages.
    590 has to do with the information a seller needs to provide a buyer before a unit is sold and the "financials" would be covered.

    So, the key here is what "reasonably available" means. I do not think they can be reasonably available before they are prepared. I also think that having them prepared within a month of closing is not bad. Realistically, the bookkeeper would send the records to the accountant after the end of the month. The accountant reviews them and advises journal entries (And, might prepare compliance reports.) for the bookkeeper to make. The management reviews the journal entries and accepts the books. Even if it is all done lickity split, for EOY, the 15th is not too bad for management to be considered reasonably acting in the fiduciary capacity.

    Bottom line is that it seems management is not being out of line on the timing of the books and THEN we would have to consider what making them reasonably available to you means. That might mean at the general meeting they should provide a copy to all. It might mean other things too, but, for the time lines you are talking about here I think you in the wrong.

  5. #5

    Default Re: Combative Condo Management

    I agree with you and am not so worried about the date as I am why they need to be so combative over me asking for them when they are ready - I don't mind waiting that wasn't the point
    thanks

  6. #6
    Join Date
    Sep 2013
    Posts
    833

    Default Re: Combative Condo Management

    Quote Quoting maggiemae0907
    View Post
    I agree with you and am not so worried about the date as I am why they need to be so combative over me asking for them when they are ready - I don't mind waiting that wasn't the point
    thanks
    Perhaps it is because you insist they give you a date they will be ready and when they will be available to you. When the only way to get what you want is to "bitch" at them, you are being as combative as they are. Only in the back seat of your mother's car does it matter who touched who first.

  7. #7

    Default Re: Combative Condo Management

    We have all been very nice for a very long time including the renters - it's been this way since the first buyers purchased
    Thanks

  8. #8
    Join Date
    Sep 2013
    Posts
    833

    Default Re: Combative Condo Management

    Quote Quoting maggiemae0907
    View Post
    We have all been very nice for a very long time including the renters - it's been this way since the first buyers purchased
    Thanks
    That is why I put in the mommy's car comment. Each day is new and when you get into the mindset of a "combative condo management" you will never move past the problem. The only thing you can change is how YOU act. What can YOU do to make things better?

  9. #9

    Default Re: Combative Condo Management

    Wow ok
    Thanks

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