I've had it with the property management company for my condo and am about to sue them.
Does anyone have a real estate lawyer they can recommend?

 

There are too many questions to ask here...Is it a property management or home owner's association? What is the issue? Is it even their responsibility under their contract agreement? What are you suing them for; force them to act or recover money? Is there an arbitration/mediation clause in their contract? Can you even sue them; some property management companies have a clause that excludes them from blame for certain things and passes it down to the owner of the property...etc etc etc...

My company has dealt with real estate in receivership and property management capacities, so I might be able to recommend a course of action and/or attorney if need be. However, you need to provide much more info. Feel free to PM me if you do not want to post here.

 

I own a condo, and the Management Company is "American Management Services" (they who absolutely suck BTW - but that's another story)

The major issue involves my upstairs neighbor. Long story short.
My upstairs neighbor installed hardwood floors, without a permit and without discussing with anyone about 10 months ago. The day the floors went in, I could hear every step they took and every time they open a closet door.
HOA rules specifically state that no modifications can be done without HOA approval, and nothing can be done to increase noise for a neighbor.
I formally complained for about 6 months until the Property Management Company finally put it on the agenda for an HOA meeting.
First I was told that we had won and our neighbors would have to install carpet. After couple of weeks when nothing had been done, I asked and the story changed to "they have to put down area rugs" and we will revisit the issue at the next meeting. Next meeting happened and the HOA went ahead and approved my neighbors hardwood floors through an after the fact permit knowing that there were noise issues.
I feel that the Property Management Company misrepresented the situation to me so the HOA would not have to confront my neighbors.

I want to sue both the HOA and the Property Management company for breach of contract, and decrease in property values due to noise. I don't really want money, I just want them to enforce the policy's that I (and everyone else in my complex) signed on for.

It sucks being the noise complaining neighbor... but I can't sleep with my inconsiderate upstairs neighbor's making noise all day and night.
If I tried to sell the place, and someone heard the noise at an open house... I'd be screwed

 

Damn, sorry to hear that. I once was in the same situation where I rented a condo on a lower floor and the above neighbors did something similar. My condo's owner had to go through similar procedure, but it was taking too long. Luckily I was on month to month at that point and simply moved out.

Let me talk to couple coworkers and their their opinions as I am more of the financial rather than legal guy.

I know this much...I would suggest trying one or two more times to resolve the issue by sending letters to the HOA and property management company summarizing what has been done (and what has not) and giving them another more chance to respond and act. But you need to give them strict deadlines, explicitly state your concerns, and quote the contract. Be political about it, do not threat them, and do not get vindictive in your language (as much as you probably want to)...but do suggest that you will be forced to seek legal recourse or other possible resolutions if no action is taken. If you are not great at memo writing, I can proof read a draft if you put one together.

If you go to court, you want to show proof that you have exhausted every possible means to resolve the issue, were professional and thorough with you communications and provided plenty of opportunity to the other side. You want to place the real burden to proof onto them as to why did not act and possibly were negligent in timely dealing with the issue.

 

A good way to find a top real estate lawyer is to find out whom the local Board of Realtors employs to provide advice to members.

The July 2005 issue of San Jose Magazine published a list of Silicon Valley's best attorneys as selected by their peers. There are 20 under Real Estate Law. I don't have the equipment to print it here,so you will have to contact the magazine.

 

Thank you for the help guys... I'm looking foreward to hearing back
Lx - I have a huge email file on this - showing that I exhausted non-litigation will not be hard

 

Have you checked with the city or county to see if replacing a floor requires a permit? If they do, chances are your neighbor didn't get it permitted. Another possibility is you are trying to get the wood floor out of there.