Post by Admin on Oct 14, 2013 0:53:35 GMT -5
Cross-posted from AnonNews
If the Management Co. could have prevented this or at the very least made the community aware of expiration of MRTA and failed to inform the owners (not for lack of vehicle of do so) Could this be considered as a "Breach of Contract" with Sxxxx Inc. ? Could a petition to remove them be in order ?
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May 2, 2013
This was discussed briefly at the Owner meeting with the attorney, whose opinion was the it was not a "fruitful avenue to pursue" and commented that Management companies are generally not held accountable and able to cover their tracks in any case.
It IS, however, the job of a professional management company to advise the BOD in these matters and should have discovered this on arrival in SLR and advised BOD accordingly. On the other hand, did not employ a licensed individual--as the law requires--to run the Association. But that is a separate issue with separate licensing penalties.
There is certainly plenty of blame to attribute to the for failure to advise BOD of status of Covenants but I think that the attorney was really saying that there were much larger issues to pursue and the would probably be able to "dodge 'n weave" a lawsuit. Keep in mind that is one attorney opinion at a very early St age of awareness of problems to reveal in the future.
If the Management Co. could have prevented this or at the very least made the community aware of expiration of MRTA and failed to inform the owners (not for lack of vehicle of do so) Could this be considered as a "Breach of Contract" with Sxxxx Inc. ? Could a petition to remove them be in order ?
_________________________________________________________________________________________________
May 2, 2013
This was discussed briefly at the Owner meeting with the attorney, whose opinion was the it was not a "fruitful avenue to pursue" and commented that Management companies are generally not held accountable and able to cover their tracks in any case.
It IS, however, the job of a professional management company to advise the BOD in these matters and should have discovered this on arrival in SLR and advised BOD accordingly. On the other hand, did not employ a licensed individual--as the law requires--to run the Association. But that is a separate issue with separate licensing penalties.
There is certainly plenty of blame to attribute to the for failure to advise BOD of status of Covenants but I think that the attorney was really saying that there were much larger issues to pursue and the would probably be able to "dodge 'n weave" a lawsuit. Keep in mind that is one attorney opinion at a very early St age of awareness of problems to reveal in the future.