Must ignored condo owner continue paying HOA fees?
Posted on Fri, Jun 18, 2010 @ 08:01 AM
I live in a newly developed condo complex. The proposed number of units is 23, of which
only 15 have been built, and 11 sold. I was told about the condo fees
during the Purchase & Sale process and received a copy of the condo documents
before closing.
What I discovered after I purchased my unit was that no condo fees were being collected for an undisclosed period of time. No condo association had been formed and the only condo association board member I was aware of was the seller. As a result of not paying dues the lawn care and trash removal was sporadic at best. I was told by the on sight builder they would maintain the property here and there until more units were sold, and there was an established condo association. After being there for several months I decided to hire my own landscaper to maintain my unit. The seller has been paying the master property insurance, water & sewer, as well as the exterior electricity bill. As one might imagine, the complex, due to lack of care and pavement is pretty sloppy looking.
After 8 months of wondering, and unanswered questions, I received my first condo fee bill. I questioned the owner about voting rights, electing officials, and inquired about what my fee will actually cover. I also addressed issues with the interior of my place as well. I requested a meeting with him and the other owners to establish a formal condo association. I received no response.
My long awaited question is: If the seller continues to ignore me am I obligated to pay these dues? Do I have the right, as well as the other owners, to a vote; to have say in matters? I don't want to be in default, but at the same time if this fee includes services that I'm not getting, then I don't want to pay it. I hope someone has a suggestion. Thanks!