Condo Owners vs Condo Renters: When Renters Rule the Roost

Rights Radio.com: Condo owners vs condo renters. Condo owners are quickly becoming second-class citizens vs condo renters nation-wide. Why condo renters rule with Dr. Joyce Starr. Show Date: August 5, 2010.

Renters are rarely evicted for disturbing their neighbors, can’t be fined and can generally do whatever they want without consequence.

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The absent owner can be fined, but it’s typically too much trouble for condo boards and managers to go after out-of-state owners for the bad deeds of their renters. Further, fearing the owner might dump the unit if they don’t receive their monthly rent, condo boards don’t want to rock the renter out of his/her comfee boat.

The net result: noisy, inconsiderate tenants. In one local condo, half of the penthouse floor is populated by renters, not owners. The next floor down is even worse. Owners below complain of ear-shattering music, moving of heavy objects at all hours of the night, boisterous balcony parties and secondhand smoke snaking through the corridors and central air-conditioning systems.

But complaints to management and/or condo boards fall on deaf ears. “The tenant said he wasn’t doing a thing” is a common retort. So the tenant said? Owners are treated as if they’re living in an imaginary world. The tenant is rarely wrong. The unit owner is seldom right.

Yes, renters are screened before being allowed to move in. But there is no way to determine in advance who will behave like an insensitive clod or bully. Prospective renters cannot be legally denied the right to lease based on personality. Tenants are also infrequently advised of good neighbor policies and practices.

In one case, a renter ran a cooking and food catering service out of her small kitchen – dumping pounds of hot grease down the kitchen sink weekly. Board members knew the renter was running a catering business, but didn’t intervene. A year later, a kitchen pipe full of her gunk exploded, destroying at least two kitchens in units below. By then, the unit had been sold, the renter was gone, and there was nothing the Association could do.

I wrote a book called Secondhand Smoke Crimes – When Neighbors Poison You, Your Family & Pets. The neighbor featured in the book – based on a true story – is a renter. His smoke permeates the living room of one owner and the kitchen of another. You can smell the disgusting tars in her kitchen cabinets, drawers and even in her dishwasher. Visitors to the corridor are overcome by the foul odor. Young girls and babies living only few doors away inhale the renter’s habit daily.

Several California cities have declared secondhand smoke a toxic health hazard in multi-family homes – while smoking in public housing units is now forbidden. The renter’s lease is up for renewal in October. Yet the board prefers to hide its head in nicotine, rather than refuse to renew the lease.

Owners who pay their condo fees and assessments have no rights against this vile individual, short of hiring an attorney take the condo board and/or renter/owner to court – at enormous personal expense. Several owners in the building are also smokers, but take care to smoke on their balconies or outside the home.

Given the fact that millions of owners have lost their homes, one might assume that offensive renters are previously foreclosed owners. This doesn’t seem to be the case.

Prior owners tend to be considerate renters – and on average, in their upper 30s, 40s or older. Younger renters, especially those who have never owned a condo or home, are less likely to care. The bully smoker, however, is in his mid-60s and was not a victim of foreclosure. He’s simply a horrid individual.

The joy of owning a home is ruined when owners become the target of renter abuse – especially abuses that fall into gray areas. Excessive noise before 11:00 pm may not break a rule, but it can destroy the nerves and peaceful enjoyment of property of those below. Smoking may be permitted in individual units, but that shouldn’t give a renter the right to kill you. Moving a heavy object nightly while others sleep may not break a specific rule, but it can break the health of the owner below. Intentional sleep deprivation, as we know, is classified as torture.

Condo documents typically limit the number of renters to 10 percent of all units, but Board members often turn a blind eye. One board treasurer provided the bank with falsified rental numbers and then bragged about her misdeed to fellow unit owners.

If actions aren’t taken to curtail renter abuse, condo owners may literally become a dying breed. What’s the incentive for buyers if the building is effectively ruled by renters?

To the protection of your health, sanity and peaceful enjoyment of property.

Dr. Joyce Starr

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Related Articles:

European Condo System vs American Condo System: No Condo Boards to Ruin Your Life

Condo rights advocates Dr. Joyce Starr & Jan Bergemann – President of Cyber Citizens for Justice (CCFJ.Net) – discuss striking differences between the European and US condo systems. According to Bergemann, European countries do not have condo associations, condo boards or condo strife. He contends that the US condo association system is just another form of communism.

If you’re fighting condo board abuse or HOA abuse,  we can help. Click the book images on your right or use this link:   Your Homeowner Association Rights Defense Kit.  We also provide individual consultations on condo association and homeowner rights problems.  Click here for more information.

Part One of this important interview is presented in both text and streaming audio formats. Part Two is streaming audio only. Please click the play buttons below.

Part One:

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Dr. Joyce Starr: I want to speak with you today about the differences between the European and American condo systems.

Jan Bergemann: There are huge differences, because in Europe you don’t have associations. The membership is in charge of voting and making decisions. There is no board, no attorney. There is a manager who gets paid. He will send out notices to the members about repairs, contracts, bidding etc. I have owned condos in Germany since the mid-1970s, and there has never been a lawsuit in the building. This is the downfall of the American system. We now see – especially in the bad economy and real estate market – the real problems of these condos. The board members are not informed enough to make decision, so they rely on people whose have only one thing in mind – making money. You can’t blame the service providers. That’s their job. But it doesn’t help owners. The system is causing owners who paid all of their bills to lose their homes, because neighbors didn’t pay and boards made bad, bad decisions and wasted their money. There is no oversight. The Florida DBPR, for example, doesn’t do much. These boards do things that no normal person would do. And suddenly the entire association is in a deep whole and nobody can do anything about it. That is not possible in the Europe system.

Starr: How did the “condo owner” system evolve in Europe and how is it different than our own?

Bergemann: In Europe, every owner owns a share. Let’s say there are 100,000 shares. One owns 6,000 or 7,000 depending on the size. They all have a right to vote. It’s not like here where a small group of owners make decisions. That is not possible. That is one of the reasons why we see so many lawsuits. You see associations paying for everything from water to television, you name it. If one doesn’t pay, then the other neighbor has to pay for him/her. It makes no sense. It’s a communist system. In Europe, every owner has his own water meter, connection to the television. But if he doesn’t pay, you don’t lose your water or television. If the neighbor doesn’t pay, you feel sorry for the neighbor, because he’s in a financial bind. But it doesn’t mean your water or television will be cut off. The United States fought communism for so many decades, but we use a communist system for these Associations.

Starr: But how did community associations evolve? Why/when were they created?

Bergemann: It began with racial issues as is usual in this country. Some people didn’t want others to move into their community. But then a smart group of attorneys and other service advisors, with the help of HUD, established the Community Association Institute (CAI). The CAI was suppose to represent the interests of people living in these communities, but attorneys and corporations soon took over. HUD finances the CAI which clearly represents the interests of the service providers and is detrimental to the owners. Everybody is complaining that the banks don’t pay their shares. The attorneys are publicly outspoken that this has to change. But banks are members of the CAI, and not so long ago they were sitting together in committee meetings in Tallahassee.

Starr: So who are the bad guys?

Bergemann: The bad guys are the people who are forcing a system on the owners that doesn’t work, a system that is only made for profit of the providers. I’m not sure that the attorneys are serious about blaming the bankers. Allies are allies. The attorneys haven’t kept the bankers out of the CAI.

Starr: You mentioned that the CAI tried to bring this system to Europe, but the Europeans through them out.

Bergemann: There was a conference in Frankfurt. After the CAI presentation – showing how the system could be brought to Europe, one of the German legislators said, ‘Thank you very much. You’ve made a very nice presenation. But we had Adolph here. And we don’t need another Adolph. And this system is poised to be dictatorial.’ Even the best association is only one election away from dictatorship. I’ve seen people move out of an association because of problems, move into another where they check first to determine if everything is fine, yet soon find themselves embroiled in another set of problems.

Starr: Why do they neighbors seem to get along so much better in Europe and countries like Israel?

Bergemann: It’s very easy to explain. You give a small group of people called the board, with more or less unlimited powers but without proper oversight. They have the right to use Association money – meaning the money of their neighbors – to file lawsuits to defend their own violations. If you decide to sue the board, you’re suing yourself.

Starr: We typically blame US condo battles on human nature. Why are Europeans seemingly immune from such battles?

Bergemann: Europeans are much more willing to accept the life style of their neighbors without mingling in their lives. The biggest problem is that one group is trying to tell another group what they can do. Tell a European that he can’t rent his apartment or can’t have a cat. He would look at you like a deer in the headlight. An association is fining people for closing their hurricane shutters if they go away for a week or a short vacation. Try that in Europe. A neighbor fining a neighbor? It would be unthinkable in Europe. Here you give them the power and the money to enforce it. You would think that now that we have a bad economy, things would change. But you would be shocked at how many law suits are filed every day. The shingles on your roof are not allowed to be that particular shade of green. The frivolous lawsuits that are filed in America that would never happen in Europe. Board members are indemnified in the United States. They can do anything they want. It’s been proven in numerous cases that board members embezzled money, but nobody wants to prosecute them. The state attorney claims it’s a matter of contract law. But if someone steals money, it’s a crime. Here board members use association money to defend their own wrongs. Or they use Association money to persecute an owner because his flowers are too red. We had such a case that cost the owner over $130,000 in legal fees. The flowers died after a few months, but the legal battle went on for years.

Starr: Why was the owner willing to continue that battle?

Bergemann: Because he was a retired colonel who said the buck stops here.

To your condo owner rights!

Dr. Joyce Starr

Condo Association Rights Seminar – North Miami Beach

Announcement: I am co-hosting a Condo Association Rights seminar with condo financial management expert Chayim Kessler, CPA, PA re “How Recent Amendments to the Florida Condominium Act Affect Florida Condo Association & Condo Owner Rights.”

Governor Charlie Crist signed House Bill 995 on On May 1, 2008 and it went into effect on October 1, 2008. This bill amends various provisions of the Florida Condominium Act (Chapter 718 of the Florida Statutes).

Here are the seminar details:

SEMINAR TOPIC: How Recent Amendments to the Florida Condominium Act Affect Florida Condo Association & Condo Owner Rights.

FEATURED SPEAKERS: Condo Association financial management expert Chayim Kessler, CPA, PA; and Dr. Joyce Starr, author of How to Defend Your Condo & Homeowners Association Rights and radio talk show host (RightsRadio.com).

WHERE & WHEN: North Miami, Florida! The seminar will be held at Macy’s Culinary Tastebar on the first floor of Macy’s Aventura Fashion Store on November 18, 2008 from 10:00 to 11:15 AM.

RESERVATION: The seminar is free, but seating is limited to 30 people. Please contact 305-652-4422 or 305-785-1980 by November 14, 2008 to confirm your reservation.

To your empowerment!

All the best,

Dr. Joyce Starr

Author – Publisher – Radio Host
STARRPublications.com
RightsRadio.com

Your Homeowners Association Rights: Condo Rights & HOA Rights

Dr. Joyce Starr – Your Condo Coach – HOA Coach. Homeowners Association Rights: Condo Association Rights & HOA Rights -Florida Condo Act FS 718 – Florida Law H 995.

Do you have a condo rights problem. Contact Dr. Joyce Starr – Condo Coach – HOA Coach at 786.693.4223 or visit StarrPublications.com for condo rights and HOA rights books and special reports.

Topic: Important changes to Florida Condo Act FS 718 resulting from the recent passage of Florida Bill H 995.

Show Date: SEPTEMBER 24, 2008 at 5:00 PM.  Join our mailing list on the right-hand sidebar to receive instant notification about future homeowner association rights broadcasts.

Guest: Jan Bergemann, President, Cyber Citizens for Justice, CCFJ.net. Back by popular demand, Jan Bergemann discusses condo association board candidate eligibility and certification.

He will also discuss the soon-to-be released CCFJ HOA REFORM SURVEY.  Although final survey results are still being tallied, Jan provides important highlights. Condo & HOA owners demand reforms, especially regulatory agency enforcement reforms and increased accountability for the people in charge.

The plunging housing market and roller-coaster stock market demonstrate that owners are being misled when told that condo associations and HOAs inherently protect property values.

To the contrary! Numerous condo associations and HOAs create a serious financial liability for their association members.

The many foreclosures and empty homes/units create a crippling financial burden for responsible owners. Associations have to raise the monthly fees and levy special assessments to cover the budget shortfalls caused by foreclosed and empty homes.

This results in greater financial strain on owners whose finances are already overburdened – causing more families to lose their homes!

How to Listen to the Show! Click the play button below:

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Protect your Homeowners Association Rights with our
Homeowners Association Rights Defense Kit

To your empowerment!

Dr. Joyce Starr

Florida Condo Act as National Model

New protections against Florida condo association manager (CAM) scams, condo board abuse, condo board denial of records, condo board embezzlement, fraud & more.

Featured Rights Radio Guest: Florida State Representative Julio Robaina – July 2, 2008

Program Highlights:

• New regulations against condo association managers (CAMS);
• Civil penalty for knowingly or intentionally failing to maintain accounting records;
• New protections against fraud and embezzlement;
• Malicious intent will be penalized;
• Why Florida Condo Act is becoming model for the nation.

“I am embarrassed to tell you that some Florida condos actually allow common elements (versus real people) to constitute a vote. We have a condo that has a vote for a broom closet! This is the type of problem that people have had to deal with for years.” – Julio Robaina

This show is now available as an instant download.

© Copyright by Dr. Joyce Starr, 2008. All Rights Reserved. This program cannot be offered on any third party site without the written permission of Dr. Joyce Starr .

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Florida Condo Owners Association Rights Legislation

Topic: 2008 Florida legislation further protects condo owner association rights – Changes to Florida Condo Act FS 718 herald enhanced association safeguards for condo dwellers. Show date: July 2, 2008.

The State of Florida passed legislation in 2008 that further protects condo owner rights. Our featured guest spearheaded this legislation. He’s at the forefront of the homeowner rights consumer reform movement in Florida, including “drawing-board” legislation that will protect the rights of homeowners associations HOA members.

Guest : Honorable Julio Robaina was the first Hispanic elected commissioner of the City of South Miami and the first Hispanic Mayor of the City of South Miami. Under his stewardship, the City of South Miami was named one of the top ten cities in the United States in 2001 and received the honor of being named “All-America City” by the National Civic League amongst approximately 600 cities and counties that compete yearly.

Representative Robaina was elected to serve District 117 of the Florida House of Representatives on November 5, 2002. During the legislative term of 2002-2004, he was assigned chair of the Select Committee on Condominium Association Governance, and vice chair of Local Government & Veterans Affairs. He served on several committees including: Business Regulation, Health Care, Transportation, Select Committee on Florida’s Economic Future, Select Committee to Protect Private Property Rights and the Subcommittee on Energy. The Representative also served as the Vice Chair of the Miami-Dade Legislative Delegation in 2005.

He is currently serving on the following committees: Health Quality, Government Efficiency & Accountability Council and serves as Chair of Urban & Local Affairs. He also is currently serving as the Chairman of the Select Committee on Condominium and Homeowner’s Association Governance.

Click here to learn more about your condo & HOA rights.