HomeMy WebLinkAbout02-02-24 Public Comment - L. Bellingham - condo concernsFrom:lynn bellingham
To:Agenda
Subject:[EXTERNAL]condo concerns
Date:Tuesday, January 30, 2024 4:43:55 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
January 30, 2024
To Whom It May Concern,
I am writing to share my concerns of a current situation with a Bozeman condominium. I amonly sharing the situation for your information and do not expect any action on your part, but
do hope that the city will rethink this type of housing if it still occurs and would appreciatecomments from you concerning this issue.
I bought my condominium on Meagher Ave. in Bozeman in 2011. Climbing higher in mysenior years I was excited to find a condo that fit all my needs and a place where I couldhopefully live out the time I had left on the planet. After the purchase and meeting with thereal estate agent, whose husband was also the contractor, she explained what a cool thing thisset up was and that Springdale Condominium Association, as we were named, consisted ofmyself and my next door neighbor, the people on the other side of the wall. We would beallowed to set our own dues as we were also the board of directors, we could save money if wedid our own mowing and snow removal, and all we had to do was have a yearly meeting andfile an income tax return, which of course would be so simple, because what income tax formsaren’t easy peasy?
What could possibly go wrong with this situation? As it turns out, the water, sewer, andinsurance are shared, so the neighbor and I each deposit a monthly amount (this is outside ofour dues with Oak Springs HOA) into a joint account so we can pay these bills. It doesn’tmatter if there is a family of 5 living next door to me and using what water is needed for themor my single person use. We all pay the same. It is on one meter. And yes, both of us haveaccess to this account, being able to write checks and withdraw money. Any worries here?
We are required to file an annual report with the State of Montana because we are considereda non-profit corporation, file federal annual income tax as a non-profit corporation, coordinatelawn care companies with each other, decide who will shovel, what happens if a tree fallsdown in either of our yards (this is common ground, and yes, it has happened). These are but afew examples. Think of all the possibilities and situations that can arise with a neighbor thatrequire agreement and cooperation daily to resolve.
Fast forward to a new condo mate moving in next door. I made multiple attempts to conveythrough his realtor the nature of this living condition…garbage was not included, he would bea director with duties, he would also be required to deposit an extra $500 to cover theinsurance deductible. My multiple emails to the realtor were ignored and he signed the papersnot knowing what he was in for. To say he was angry when he found out all the details ofliving at his new address and crazy condo situation would be an understatement. After manyyears, he is fed up with this two-unit condo association situation and he is looking for a new
home in another town, knowing he can’t afford any homes in Bozeman.
So now we are actually at the crux of this letter and the reason I am sincerely hoping the cityhas created a building code as to what constitutes a reasonable condominium association. Andthat this isn’t it.
My neighbor on the south side of me (not my condo mate) is also the owner of a condo built
by the same contractor, almost identical to mine, with two owners, as the condominiumowners, but with a different condominium name and with all the same possible pitfalls.
My neighbor has just found out this past week the “secretary/treasurer " of her “association”,(her condo partner), has embezzled over $3,000 from the joint account that pays the water,sewer, etc. My neighbor trusted her neighbors to manage her deposits along with their ownmoney to pay joint bills from the joint checking account when she was living out of state for aperiod of time. As it turned out, they (secretary and her husband) were using the account towrite so called “loans” to themselves, checks for personal services, and other personal bills.The account was taken down to a negative account from the payment of personal bills. Thesec/treas did not file the required annual income tax return for the corporation or the annualreport with the state of Montana. The “Association” was dissolved as a result of thisnegligence, no income tax has been filed for several years, and my conscientious neighbor isnow attempting to find a way to correct all this mess with calls to the Secretary of the Sate ofMontana, the IRS, extended visits to the bank and numerous other efforts to recoup the moneyfor the joint account, which may of course, involve lawyers and court as her neighbors sit idlyby seemingly unconcerned. What a nightmare!
She, too, is looking to sell her property and leave town. You can imagine my concerns as well
and that this is neither what my neighbor had in mind when she chose to move to Bozeman,nor what I had in mind for my retirement. Is this what’s in my future if I don’t find a new
home?
I would appreciate you passing this information on to those you know that might be involvedwith and benefit for future planning of homes of this nature for our community.
Best Regards,
Lynn Bellingham822 Meagher, Unit ABozeman, MT 59718bznbelle@gmail.com