Building A Bridge And Getting Over It

This post was originally posted on August 24th, 2005 in I Hate My Developer 1.0

When I was pissing and moaning about our building, I happened to read
about a legal case that makes our issues look like child's play.

Get this---a woman can't sell her condo because an association was never
formed by the unit owners OR her developer. The proper paperwork was
never registered with the state and because four out of the six units in
the building were owned by non-resident owners, they never got together
to elect officers and fill out the necessary paperwork.

While I
won't make a stinging indictment of all non-resident condo owners, this type of behavior is increasingly being seen in my
neck of the woods as investors buy up property in emerging
neighborhoods.

The units are cheaper and the condo Declarations and
By-Laws tend to not to have owner occupied clauses so the unit can be
rented out even before the association is turned over.

Since the
developer didn't do his (or their) part, it was left
up to this unfortunate soul to attempt to organize her fellow owners.
Much to her dismay, four other unit owners didn't share her concerns. She
could only find one person to attempt to meet with. Clearly that isn't enough to get the ball rolling on the formation
of a board.

As if that weren't bad enough, the developer simply stopped paying the utilities about the time the
last unit was sold. According to court documents, he (or they) never turned over any of the
assessment money that he should of been paying for the unsold units.

This
woman not only paid her own mortgage and utilities, but also shouldered
the bills for her building until she couldn't do it anymore.

She
lived through a Chicago winter with no heat, no electricity and no
water.

Let's all take a deep breath, imagine that scenario and
officially get over ourselves.

I'm pretty strong and I'd like to
think I'm also pretty resilient but I don't know if I could even begin
to tackle that problem. Jeeez...

Naturally she attempted to put her
unit on the market and was greeted with yet another unwelcome surprise.
She was told she couldn't even sell her unit because an association had
yet to be formed. Therefore, it legally wasn't a condo---it wasn't
anything---it had no designation other than an apartment.

Can you
believe that?

The woman is suing her developer and her fellow
unresponsive unit owners in Cook County Circuit Court.

How
did I stumble on this pitiful tale of woe? Simple, an unresponsive unit owner in her association also happened to
own one of the foreclosed upon units in my association. In fact Ryan Hudson is being sued for foreclosure in
fourteen other separate cases.

Think I'm giving you the business? Read
it for yourself
.

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