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Can I withhold my HOA dues if I'm unable to park in my deeded space?

Posted on Thu, Oct 07, 2010 @ 01:26 PM
  
  
  
  
Can I withhold a portion of my HOA dues if I am unable to park in my deeded space? Whenever it rains, the entire area outside my unit looks like a lake. The water accumulation is in excess of 5 inches deep which not only prevents all unit owners from disposing of their trash (the dumpsters are located outside my unit), but also prevents me from being able to use the two deeded spaces in front of my unit. I have been complaining about this for two years with no recourse. Any feedback you can provide would be greatly appreciated.

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COMMENTS

you can't withhold your conominium fees for any reason in Massachusetts based on both statue and case law. you can pay your fees under protest and bring a separate complaint over the parking issue. 
 
 
 
Stephen Marcus 
 
Marcus Errico 
 
781.843.5000 
 

posted @ Thursday, October 07, 2010 1:32 PM by Stephen Marcus


Do not with hold your dues. This gives the association a reason to bring you to court and use the build in lawyer that only takes marching orders from the board. Not a good scenario.  
 
You have a very bad situation and the board is doing what some board do which is nothing. There might be a bigger problem looming in that the board may not have enough money in the account to fix problems. I would talk to other home owners about the problem and investigate how much money does your association really have!

posted @ Thursday, October 07, 2010 1:45 PM by Victor


As others have cautioned; do NOT withhold your assessment! This is the worst thing an HOA member can do.  
 
 
 
Since I don't know where you are located it's hard to comment on your situation. Some areas of the country get quite a bit of rain which might mean you are faced with this problem on a continual basis. Here in AZ we get very little rainfall so it would not be a very big problem to address. 
 
 
 
I would recommend getting all your neighbors together who are experiencing this problem and confront the board. It seems that the area needs to be re-graded and the water needs to be directed to a different location. Of course this takes $$$ and that may be why the board is not addressing the problem. All you can do is ask "why" and go from there. But, you will have more leverage if you can get some of your neighbors to complain along with you.

posted @ Thursday, October 07, 2010 2:00 PM by mary


Never ever withold or not pay your condo fee. Doing so will cost you.

posted @ Thursday, October 07, 2010 2:02 PM by Charles Adler


Don't with hold the HOA fees. There can foreclose on your condo. It end up costing more money the long run. Check with other member and protest. Also check the Financial records to see how money they have. Try to get new broad member.

posted @ Thursday, October 07, 2010 2:02 PM by Joey


Agreed, don't withhold as then there can be penalties and late fees and they can try to charge for their lawyer to collect.  
 
 
 
Others suggestions are good. If that does not work I think you may be in a better position to sue the board. If you do make sure you first check your association legal documents and state law. Then if you have good grounds document everything - correspond in writing, take pictures, and make sure you have an exact chronology of your steps to try to resolve it prior to going to court. Sounds like it is too small an issue to hire a lawyer but if you document everything I think you should be able to handle it yourself.  
 
 
 
Legal action should be the last resort but with some boards that may be the only solution - (It looks like I have little other choice in my case, though I may the Atty. Generals Office first).  
 
 
 
See www.wvnorthface.info fist page link for an idea of documenting a chonology of events. Actual link address is www.wvnorthface.info/nf/lettertobd/NF_Oct_17_2009_Let_to_Bd_with_status.PDF

posted @ Thursday, October 07, 2010 3:42 PM by Rick


Askl your attorney general for copy of your states'condominium act. You may find the solution to your problem there.

posted @ Thursday, October 07, 2010 4:56 PM by Charles Adler


I think you will find most state's condminium acts right on the Intenet with a simple google search. Certainly that is true in the state of NH. I have a link at the top of this link http://www.wvnorthface.info/nf/pg.php?&page_name=bylaws if you are from the state of New Hampshire.  
 
The added benefit of finding it online Vs a written document is you can easily do searches and easily site (with exact quotes and section numbers) the appropriate sections of the law to a condo board (and/or other owners) that the board is violating.  
 
I would urge owners to be very specific and document everything. That should help whatever path you take to try to resolve the issues and attempt to bring a board into compliance with the law and your association legal documents.

posted @ Friday, October 08, 2010 6:50 AM by Rick


Well said, Rick

posted @ Friday, October 08, 2010 7:42 AM by Charles Adler


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