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.

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Is there documentation citing the specific purpose for which the funds were collected? If so, was it produced by the condo association or attorneys on its behalf? That could document misrepresentation and solicitation of funds under false pretenses.

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.

One of the issues you might want to address with an attorney is how to force '"specific performance", which could arise from the failure to specifically use the funds represented to be used for the specific purpose. This falls under breach of contract, which could also be a transactional issue.

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