My condo association has collected several thousand dollars from me and other elderly residents for a specific purpose. Now they are refusing to go on with the project. How can I get them to move forward. The money is specifically to be used to replace balustrades which have been deemed unsafe by a structural engineer. We are concerned that the railings could fall off causinfg serious injury or worse.
Why is it now refusing? Any explanation?
I can see a potential cause of action for fraudulent representations to induce payment of funds.
There may also be an Americans with Disabilities Act noncompliance if the balustrades have caused injuries, or may cause injuries (as perhaps supported by the structural engineer).
Were any contracts let at all, or any bids taken? How are the funds being held? In an escrow account for the benefit of the condo residents? Who has control of the account(s)?
I think it would be wise for representatives of the residents to meet with an attorney, perhaps one who handles real estate condo issues for residents, or a transactional attorney who handles a variety of commercial causes, or one who handles white collar crime or fraudulent transactions on behalf of those defrauded. And this may also lead into a governmental investigation and action from the fraud aspects.
The specific kind of attorney with knowledge of condo associations, solicitation, escrow of funds, possible misrepresentation and/or other causes of action might be hard to find. It wouldn't hurt to contact the local bar association and get names of various law firms which handle these kinds of issues.
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