1.首先谢谢lexm5大侠花了大量宝贵的时间把最关键的事项清清楚楚地列出并仔细地阐述,避免了我懵懵懂懂不知深浅地卷入不必要甚至是可怕的纠纷。
2.按照你的指点“恶补”了Bylaws。有关“任命”的基本条款是:
1)Unit Owner shall elect a new Executive Board consisting of three (3) persons, at least a majority of whom must be Unit Owners by vote at the annual meeting of the Association.
2)The principal officers of the Association shall be President, Treasurer, and Secretary. The officers of the Association shall be elected annually by the Executive Board at the organization meeting.
虽然有这些头衔,估计都被那破产的老美房主一手包揽了。我只是按时交Condo Fee,连她的面都没见过,也从来没被授予过“一官半职”什么的。正如你所说的,就这个样子去接管HOA 事务的话是凶是吉后果难料。
3. 打算就Master Insurance的问题给对方的PM 回一封信(付在最下面)。其中第三段“Each Unit Owner……)是完全照抄Condo Docs 里面的,句子很拗口,内容似懂非懂,也不知道放在这里对不对,请大侠帮忙把把关。有任何不对的地方随便改,请不要手软。多谢了!
4. 当初买这个Condo的时候谁知道是个怪物啊,只觉得Unit Owner少,没有人多嘴杂乱七八糟扯皮之类的事。还以为那老美是个大富婆呢,哪想到竟然会破产。正发愁以后怎么脱手,你的建议和银行搭伙把整栋建筑直接卖给一个买主倒是个好主意,会朝这个方向努力。也有网友建议把银行的两个Condo一并买下来,可我没有那个魄力去趟那浑水。
再次感谢!!!
付回信如下:
Property Manager,
After reviewing the Declaration of Condominium and The Condominium Association Bylaws, I can’t agree with your opinion regarding the HOA Master Insurance.
Pursuant to the State Condominium Act, the Association shall obtain the Condominium Master Insurance.
Each Unit Owner may obtain additional insurance at his own expense; provided, however, that:(1) such policies shall not be invalidated by the waivers of subrogation required to be contained in policies required by this Declaration; and (2) no Unit Owner shall be entitled to exercise his right to maintain insurance coverage in such a way as to decrease the amount which the Association may realize under any insurance policy which the Association may have in force on the Property at any particular time.
Therefore, as the owner of unit 3, “Fannie has their own blanket police on this asset. “ does not waive Fannie’s liability for obligation of obtaining the Master Insurance.
You suggested that “Fannie Mae will not take on a policy on behalf of a HOA. If the HOA needs insurance I would advise that you obtain it.”
I, Jenny, however, also will not take on a policy on behalf of HOA. If Fannie Mae give me the title of HOA president, and act in the capacity of HOA president, I will take on a policy ON BEHALF OF HOA.
Hope we can get consensus to take care of this very important matter.
Thanks,