Hello I hope my story is of interest to you and would help others
My 2 partners and I purchased a brand new commercial condo in 2004. In 2007 a man from San Jose was hired by the president and vice-president of the BoD (board of directors) to be the property mgr. He owns a very small company with only himself and his wife as only employees I believe that he and the president of the BoD are committing FRAUD and EMBEZLEMENT BECAUSE OF THE FOLLOWING EXPLANATION;
The president of the BoD, the vice-president along with one of the condo another condo owner of more than 1 units Mrs. C. have a close relationship. I believe that they are related somehow, they support each other etc. No other members except me and my partner ever attend the board meetings therefore nobody knows what is going on.
They raised the monthly dues 2 times to the maximum and claimed that they needed more money, (for what?)
The building is brand new and we still have insurance for repairs etc.). Before one of the meetings in 2007 I heard Mrs. C saying that they must impose high special assessments, because they wanted more money and that if the owners opposed to that they could foreclosure our properties and she could acquire them.
In 2008 the Mrs. C prepared (illegal and against the Davis-Stirling codes) and not justified special assessments (since she did not prove that we need building repairs because the building is new). Everybody went to a special meeting to fight for that. They put in hold some of the assessments.
For the past 5 or so years I also have requested the annual mandatory financial reports and meeting minutes etc, which are mandatory by the Davis-Stirling law. They ignored me. the president of BoD also imposed themselves as president and vice-president since 2004 (the beginning) without any elections.
In August 2008 we have the first election in which the property manager broke all the Davis-Stirling law rules, because 2 of my votes disappeared. I was nominated to be in the BoD. He also he did not bring an inspector of elections, again it is aginst the codes. Because of all the above I took them to small claims court, and asked for money to audit them.
Although I have always paid all the dues and the special assessments the property manager put a lien on my property claiming that I have not paid dues since August 2008, as retaliation for the law suit and because I am still demanding the financial reports etc. I have all the copies of my checks mailed to him, and banking records that he in fact cashed 3 of those checks.
I hired a lawyer and she asked me to suspend the small claims, so I did. She wants an undetermined amount of money to remove those people from the BoD. I do not have so much money. What can I do?
It must be some other way to bring these people to justice. Is it fair person without money for the attorney, loose their property just like that?
Is there another way to bring those people to justice without spending so much money?
All my friends tell me that the property manager is committing FRAUD; we also believe that he is embezzling money from our funds after reviewing some papers that he had to mail us and the judge during the small claim case.
Would you please HELP ME? Is there another way to bring them to justice?Is there any reasonable and knowledgeable attorney, can you recommend me something effective?
Thank You
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