Our association (Sheffield N) currently allows renters and allows the same person to own more than one unit. Can anyone tell me this (hopefully authoritatively): If we go through the correct process of notifying all owners of a business meeting with this on the agenda, including providing a proxy, is it legal to change the bylaws making it so that one person can own only one unit? If so, would you recommend having an attorney draw up the revised wording to the affected parts of the bylaws, or is this something we could do ourselves?
If it would be legal to make the change, I suppose a husband could still own one unit and the wife a second? We are not looking to change our bylaws to ban all renting; only to limiting ownership to one condo unit. A few of our unit owners wanted to know about this.
Thanks.
Monday, July 27, 2009
Can anyone tell me.....?
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22 comments:
As this is still the U.S.A., your association CANNOT prohibit one person from owning mulitple units--as long as they pass investigation for income requirements and are 55+. Be thankful that someone would WANT to own more than one unit at Sheffield N!
Be thanful that anyone would want to live here at all!
Anonymous 9:09,
Your response is inaccurate. See also Franklin v. Spadafora, 447N.E.2d 1244, 1249-51 (Mass. 1983) "(assuming state action for purposes of analyzing claim that an amendment limiting the number of units which could be owned by any individual or entity deprived plaintiffs of their due process and equal protection rights). We resolve the issue here by concluding that no colorable claim of discrimination has been demonstrated." Purchase restrictions of this sort have been used successfully in Florida Condominium settings for many years and remain unchallenged.
The following amendment must be made to "Article XI, A. Sale or Rental of Units" of your Declaration of Condominium. Do not attempt to place purchase restrictions in your Rules and Regulations or as a Resolution of the Board (or Association).
"In no event may any person or entity (except for the Association acquiring a unit in any manner, or an institutional mortgagee acquiring a unit through foreclosure or deed in lieu of foreclosure) own or have any ownership interest (legal or equitable) in more than one (1) unit in the Condominium, including, without limitation, individually, jointly or as a partner, officer, director, shareholder, trustee, beneficiary or employee of any partnership, corporation, company, trust or any type of entity owning any ownership interest in or to a unit."
Unless you are thoroughly familiar with the amendment process, you may want to contact me at rvirginia620@comcast.net.
Why would you want to limit ownership to one unit? Seems silly to me if you already allow renters, etc.
To Anonymous 9:18:
I'm in agreement with you.
That makes three of us!
Some assns worry about a single individual, couple or family forming a voting bloc and throwing their weight around. This happened at my friends place in Cape Coral, where a husband and wfe, son, daughter and now wifes sister each bought a unit- five out of like thirty units and the father votes all five and is an obnoxious LI goombah to boot.
Why does Long Island, New York get the names. If it wasn't for the people up north coming to Florida, this place would be off the map.
As it is people are not flocking here anymore.
See how much racist mouths that are all around us?
To Anonymous and Randall, thanks for agreeing with me. At least we got three do I hear four?
Capt. John,
I'm afraid his usage of "goombah" does have racial overtones, though I hope he wasn't intentionally using a racial slur which would offend Italian-Americans (who helped to build this country). The following may be instructive:
What's the origin and mean of the word "gumba," which I've heard in old Godfather-type movies to refer to a leg-breaker or enforcer?
Goombah, to use its usual spelling, is an English rendering of a dialectal Italian pronunciation of compare, which can mean 'godfather', 'friend', or 'accomplice; crony'.
There are three main senses of goombah in English, two of which are translations of Italian uses and one an English innovation. The earliest sense found in English is 'a friend or associate'. This is first found in the mid 1950s, and seems to have been popularized by Rocky Graziano, the boxer and (later) actor, on NBC's The Martha Raye Show.
The second, and most familiar, sense is 'a mafia boss; a mafioso', or broadly 'any organized crime figure'. The first known use of this sense is in Mario Puzo's 1969 novel The Godfather, the origin, of course, of the movie: "I don't care how many guinea Mafia goombahs come out of the woodwork."
Finally, the English-only sense is 'a stupid person', first found in the 1950s but not common until the 1980s. This is presumably based on stereotyped portrayals of low-level mafiosi as ignorant, loutish types.
Right on Randall...here we go again
I just LOVE THE ANNOYS...they are
always " SO INFORMED" I suppose that's the basic reason, they continue to HIDE UNDER THEIR CLOAK!
TO DON4060= WHATEVER YOUR ETHNICITY
IS, YOU ARE A DISGRACE TO!!!!!!
A PROUD SUFFOLK COUNTY, LONG ISLANDER....
goombah is the Italian American version of compare (come-pah-ray), which means friend. The particular person that I was referring to sits in a folding chair in front of his unit in an undershirt and tells my friends kids to keep off his lawn, as if the common area was his front lawn in Merrick. So I didn't mean it as a compliment, but it wasn't a slur either. It is slang, and accurate, so lighten up.
Anyway, the point is this guy swings a five-unit voting bat in his condo and thats why some condos restrict multiple ownerships by individuals.
EH, Goombah,
Consider yourself forgiven... There may come a time that I will ask for the favor to be returned...
I've monitored your posts in the past and am pleased with your response. Long Island rules! Long live the Great Gatsby.
Best,
Randall
I own a condo in another town in florida and we just added that a person cannot own more than two units...The reason we put this in was that we had an assessment of 40,000 and this owner of 3 units has now claimed BANKRUPTCY...LETTING THE OTHER OWNERS TO MAKE UP THE DIFFERENCE..good reason!
capt john said...
WHAT'S A, GOOMBAH ??? YOU RACIST ******* !!!
Jul 27, 2009 5:24:00 PM
..................................
Actually Capt. John; I have not removed or censored all of your Posts, just ones like this with your gratuitous foul language.
By the way; your GS 7 entry is low by more than double.
Dave Israel
we Italian Americans have had to endure much in our History yes going
back to the Romans, the only time I felt really insulted was when Luca
kicked my Bocci Ball on purpose...
However I endured because when the Moon
hits your Eyes like a Big Pizza Pie
THATS AMORE= THATS LOVE
The only reason there are some people that own more than one unit is that about 3 years ago these condos doubled in price and some people thought they would make a fast buck and resell them at a profit.
They got stuck with the ones they bought when the prices went way down and not to just walk away from them they rented.
It is better to rent then have them empty for the taxes are unpaid and then the rest of the association has to make up the difference.
So be grateful that there are people in them.
GREED is all around us.
So is racist remarks. A proud New Yorker and an Italian too!
This blog is to High Brow for Me
Anonymous,# 1 you do not have to be 55 to own in Century Village, only to live .
Thank you all for comments, esp., Randy, for yours of 7/27 at 9:51 am. I was hoping you would weigh in, and I will be contacting you at e-mail address you gave re procedures. Also to don4060 on 7/27 for point about voting bloc. Then later (after tangential business of "goombah" got straightened out!) for Anonymous comment on 7/27 at 10:39 pm. This is point I hadn't thought of, that one person might buy several units and then declare bankruptcy, leaving the rest of us holding the bag. It could happen easily in present economic climate: prices are low NOW, so people may begin to buy again as investment, only to have unpredictable economy take a complete nosedive resulting in even more bankruptcies.
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