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Can condo association limit access to common areas over late fees?

Posted on Mon, Oct 04, 2010 @ 02:32 PM
  
  
  
  
  
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My condo association recently sent a letter regarding by-laws stating if the condo fees were in arrears that we could not use the amenities "Common or Limited Common" the "Limited Condo" included the garage and shed which is included with the condo and is also included in the appraised value of the property as I recently refinanced and this was included. Can a condo association legal do this? I live in the state of Maryland.

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Comments

Yes. In most states the board has the right to refuse usage of common elements over non-payment of assessments. It's simple really, you don't pay you don't stay. 
 
Darron
Posted @ Monday, October 04, 2010 3:11 PM by Darron
This is common and often the only effective leverage or "hammer" the association has to keep people paying, other than pursuit of legal action. This is especially true in Neighborhood Associations where they may not have the same legal rights to lein or assess a property as an HOA often does.  
 
 
 
As always, consult your by laws.  
 
 
 
Posted @ Monday, October 04, 2010 4:30 PM by John D.
I also live in Maryland. I;'d suggest you download the Maryland Condominium Act and look for an answer to your question in that state law.n Put "Maryland Condominium Act" into your browser and you'll find it. I don't know the answer to your question but I feel that yopur Board has the authority to restrict your use of the common elements until you clear up your standing in the association.
Posted @ Monday, October 04, 2010 6:18 PM by Charles Adler
By all means the can and will do that. If you are having problems paying the fees maybe a payment re-plan would work for you. But in any case there are other bills the association is responsible for and in order to pay these bills the condo fees is what does it. So please try and work something out with them and everyone will rest better at night. 
 
Posted @ Monday, October 04, 2010 6:41 PM by s
Yes, they can -- but only if it's stated in the gov docs or state law!
Posted @ Monday, October 04, 2010 9:18 PM by mary
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