Our condo assoc. president has decided he personally does not like the way the landscapers do the pruning. He has put up red markers everywhere and has told the master assoc. to keep them and the grounds manager off of the property. He says our buildings are private property. I thought it was common ground. I pay my maintainence in full but I am not gettting the grounds done. The master has asked him to stop and he is using our legal fee reserves to fight the master. Can he misappropriate the funds this way? We removed them and he called the police and said it was civil matter. He used the legal funds to have the atty. tell us to cease and desist. It has cost the master $0K in fees alreay. We need help!!!!!!
The relationship between a sub-association and a master association relative to "common areas" will be governed by the respective association documents. Generally, only one association will have responsibility for a particular area, although multiple associations may have access and/or use. The resolution of who is obligated to maintain the common area in question should be addressed in the respective documents.
If the other unit owners fell as you do you could review your rights under your sub-association documents relative to the removal of this person as the president of your association's board. I am not sure that his use of an attorney and paying from the association legal funds would be considered misappropriation because he is not using the funds for his own personal use, but rather for a cause he personally wants to champion for the association.
This situation is complex and no legal opinion can be expressed concerning the outcome of any litigation or planning without a full consideration of the facts and legal research. This answer is given solely as general information and is not a substitute for a legal consultation, nor does it create an attorney-client relationship between you and either the writer or his law firm.
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