Dealing With Fraudulent HOA Actions That Impact Home Sales

Question:

Where do I, or the Owner file a Condominium in a building with 9 units file a Housing Complaint that concerns, Fraud, Discrimination, No Heating in her unit, being provided by the Association, and also Not Providing the Condo Regulations, Rules and Regulations required by Law, in an effort to destroy a sale, so that the Association can end up buying the unit? The Owner has himself, and his 2 daughters as the Association. And has used these methods, and others, to buy 7 of the 9 in this building, and is now renting 37 of the 42 units. Having talked to past sellers, he has done this many times in the past. He then forces the Sellers to sell to him at very low, right of refusal prices.

– Bill

 

Answer:

Hi Bill,

According to the Wisconsin Condominium Ownership Act Section 703.33(1)(a), the HOA is required to disclose a copy of the governing documents, including the rules and regulations, prior to unit sales. You may raise this with the HOA board and request them to comply.

Alternatively, you may also remove the problem board member(s) according to the procedure specified in the governing documents. If the association is incorporated as a nonprofit, you may refer to the Wisconsin Nonstock Corporations Act Section 181.0808 which states that the members can remove directors they elect with or without cause. The section further outlines the requirements for removal, including voting.

Regarding fraud, discrimination, and other actions, you may opt to contact the Wisconsin Department of Justice and the U.S. Department of Housing and Urban Development. You may also explore mediation or arbitration services. For further guidance, kindly consult a lawyer.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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