Saturday, August 1, 2009

First Amendments to our Condominium Documents

On Saturday, Aug. 1, 2009, representatives of Lombardo Homes hand-delivered to each co-owner's front door a copy of the First Amendment to the Master Deed and Bylaws of the Manors at Central Park Condominium Association. The amendments are the result of changes initiated by the developer so that they can market Units 1-14 as "site condos".

Click here to read the post I wrote on April 17, 2009 that explains the practical effects of the Amendments and how the changes to the "Percentage of Value" were determined.

Note that the First Amendments were recorded on April 16, 2009 and that you did not receive your copy of the amendments from Lombardo Homes until 107 days later, despite the fact that Article IX, Paragraph (E) of the Master Deed states, "Co-owners... shall be notified in writing of proposed amendments not less than (10) days before the amendment is recorded...."

Not only did Lombardo Homes fail to provide advance written notification of the amendments, they attempted to pass off the duplication and distribution costs off to our Condominium Association (which would have been a $400+ hit to our budget).

On June 19, 2009, I sent an e-mail to Lombardo Homes asking whether the amendments had been recorded, since we had not yet received copies of them despite the fact they had just installed advertising banners on the Van Dyke entrance announcing the new models for Units 1-14. I received a reply indicating that they had been recorded on April 16th and that a digital copy had been sent to Kramer-Triad for reproduction and distribution to all co-owners.

We responded by pointing out that
  • Article IX, Paragraph (K) of the Master Deed states that "A person causing or requesting an amendment to the Condominium Documents shall be responsible for costs and expenses of the amendment...."
  • Kramer-Triad would therefore assist Lombardo Homes only by providing them with a set of pre-addressed mailing labels they could use to make an accurate distribution.
The address labels were mailed to Lombardo Homes on June 30, 2009, yet it took them another month to get the amendments copied and distributed to you.

If you compare the "Percentage of Value" numbers in my April 17th post with those contained in the First Amendment documents you received, you will notice that the percentages do not match.

UPDATED Nov. 19, 2009:

This is because in the original Master Deed, Article X, Section 10.1 Central Park Master Community states that, "All assessments levied against the Co-owners and their Unit pursuant to such Master Declaration shall be equal and shall not be apportioned among the Co-Owners in accordance with the percentages of value assigned to the Units owned by them." Therefore, the annual dues for the Central Park Master Association had to be backed out of the percentage of value calculations which resulted in the 0.17422% and 0.64185% values you find in the recorded Amended Master Deed.