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What if condo owner stops paying condo fees?

Posted on Mon, May 25, 2009 @ 09:21 AM

Can an unhappy condo owner HOA member not pay condo fees if they're unhappy with the work the condo board is doing? 

An HOA owner is responsible for paying condo fees even if he or she is not happy with the condo board's repairs, maintenance, landscaping, or does not use the pool, facilities or common area. It is not like an apartment where some states have laws allowing escrow or withholding of rents when a place becomes inhabitable.

And when the condo fees (assessments) are not paid, it can lead to very substantial collection costs, for which the HOA owner then becomes responsible, and can lead to foreclosure or default if not paid. So it is best to find another way to air your grievances and look for solutions if an owner is unhappy about what the HOA Board is doing (or not doing).

A condo owner can run for the condo board if they are not delinquent in assessments or in violation of the condo association rules (and sometimes that does not even prevent an owner from running for the Condo Board).  

Beth Grimm

Having problems collecting delinquent condo fees? Check out our condo association demand and collection letters.

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Does this situation apply to Special Assesment. We have had three Special Assesment in the last 5 years and not once will they give us an accounting of the funds and the work completed. I have been holding back my last special Assesment because it was over 3500.00 and I still have not accounting of what was done with prior monies..management has elections, but they keep holding on to their seats, since they are the ones who make the decision on who can serve on the board after the election.

posted @ Thursday, July 03, 2008 12:20 PM by Ana Gonzalez

Yes, condo association members still have to pay assessments. The association has the right to pursue legal actions if not paid.

posted @ Tuesday, July 15, 2008 2:35 PM by Glen Davis

A unit has been taken over by a bank, fees have not been paid, and they changed the lock so the assoc. doesn't have a key. The electric isn't on, no pest control can be done, and we are concerned over the possible mold damage to all units as a result of this one. What can we do?

posted @ Monday, March 30, 2009 9:14 AM by Bonnie S. Gribble

What rights do homeowners have when the HOA has let several condo owners go 2 years without paying the monthly regime fee? And now the HOA is saying they are running out of funds?

posted @ Tuesday, April 21, 2009 10:19 PM by Danielle

I believe in most states associations can put a lien on the condo owner's unit or property. HOA needs to do something about it. I notice this site allows you to send demand letters for payment. Thats probably a good start

posted @ Wednesday, April 22, 2009 9:16 AM by Bob

I had lost my job , I was late on condo fee, i was pay half of the pay fee and the condo assocition hire a lawyer to make me pay . I paid off the condo fee ,but the lawyer wants me to pay for the job he have done for them , it is any thing I can not pay this lawyer , because is only my wife working , we had to put our condo for short sale . I want to know if any right for us now we live in Mass

posted @ Sunday, July 05, 2009 2:36 PM by Alex

Do we have any rights as homeowners, if there is no lawn care, if the paint is falling off of the building and the front door paint is bubbling up at what point can we legally hold the HOA bound to the fufillment of their agreement to keep the property up. I can't sell because it looks like we live in the ghetto and we pay $120 a month for a 2x4 patch of green to be mowed (I have weeds, long ones)...the builders promised when we bought the unit 5 yrs ago a gym/pool were apart of our amenidies--still nothing, at what point do the builders/HOA have liability, has there ever been a class action suit (all homeowners are ready to revolt) the last meeting was hostile. Is the law only one sided, pay and get nothing...the minor problems I discussed are mine, however studs are coming out of walls, roofs are leaking...drains are not working (other homeowners), mailboxes are filling with water when it rains. While we tell the HOA, nothing is being done...nothing when does the law protect us??

posted @ Friday, July 10, 2009 9:48 AM by CC

PS, what am I thinking, this is a HOA blog...you are clearly not going to consider the rights of a homeowner...pls dont reply, I should be talking to an atty

posted @ Friday, July 10, 2009 9:50 AM by CC

In Massachusetts condominium fees may ot be withheld and the association is entitled to legal fees and costs. The fees are like real estate taxes--they must first be paid and can only be challenged after paying. 

posted @ Saturday, July 11, 2009 7:29 AM by Stephen Marcus

We have a unit that did not pay condo fees for 4 months. They had been informed that they would be charged $5 per day per month that they don't pay (after the 10th of the month) - this is the late fee that has been in place for 20 years. Now the unit owner paid their fees for the past 4 months and put in an extra $20 stating that it is $5 per month per the law. I have never heard of this law and the unit owner is not really on the best terms with the condo trustees. Does anyone know the extent of the amount of late fees that can be charged?

posted @ Thursday, September 10, 2009 9:02 PM by Tammy

hello, is there any law in florida that says that if a condo owner does not pay their dues for whatever reason the other condo owners have to share in the non-paying owner's dues? 
please respond. 

posted @ Monday, February 01, 2010 10:49 AM by jerry

Does anyone know if the unit holders are entitled to know who the ones are that are not paying their fees and assessments? We have 3 of them and we are very much in the hole as to their total neglect. My son says it is public records but when you go on to publice records there is a fee you muct pay. I don't mind paying the fee, but I just don't want to get into trpuble with invasion of the privacy act.  
any information would greatly be appreciated. I am planning on running on the boards when the new officers are voted in and I wnat to make sure these people are being repameneded before I walf into something I may regret in the long run.

posted @ Wednesday, April 07, 2010 9:23 AM by slr

Condo in Florida with several owners not paying their HOA dues. The Association is doing a fine job with collections and liens but these things take time. Meanwhile the owners are renting their units out and collecting income while the tenants are using the common areas (pools, hot tub gym. Included in the Association dues is water and cable for the units Can we legally turn off the utilities to these units? There are not seperate meters for the condo.

posted @ Saturday, April 10, 2010 1:09 PM by Sam Wilson

In Canada, when a condo is up for a tax sale, and condo fees are unpaid, what happens to the condo fees...does the new owner have to pay them?

posted @ Monday, April 04, 2011 8:53 AM by Barb

Recently we just had our annual meeting. I was voted onto the board after many many meetings in the last year. 2 of the board members stepped down YAH! At the time I started my petition for a meeting in March 2010, I found out that 3 owners were behind in their condo dues/assesment. The old board never pushed the issue until I came on board. We voted to go management and I brought this up at our annual meeting and suggested to have these people either start making payments or a lien will be put on their property. 
They started making back payments really fast. After all this is all of our money in the association. 
Now to ur question. I would not advise anyone to stop paying their fees. This only hurts ur credit ability in the long run. Try and air out your differences and just keep bringing it to the table. Sooner or later they do listen. It took me a whole year to sustain my differences and now things are really going good for us. Repairs are being made, and we now have a plus in our account. 
2 of the owners have paid up (and we were in the hole a great deal with the back fees.) 
Management will work with you if you find a good management service.  
I do believe that all associations and HOA should have their own accounting people. 
At lest I can sleep at night now knowing we are in better hands than before. Good Luck

posted @ Monday, April 04, 2011 11:37 AM by s

According to your by-laws of your state, I would have to say that the back condo dues should be paid up to date, before a certificate of resale is issued by the association board of directors.. I am from Pa. and this is in our bylaws. 
No condo association board of directors should issue that resale certificate until all fees are taken care of. Check your by-laws and your laws of your state for condo resale. 
I would like to say I a 95% right.

posted @ Monday, April 04, 2011 11:44 AM by s

Hopefully this question would belong under this heading: 
I have a simple question. We own 1/2 of a duplex at the shore in NJ. We live here full time, and there are 2 of us. The other owners are here in the summer and on occasion (2 adults and 2 children). This is a secondary beach duplex/condo for them, and our full time residence. We have a master deed (hard to understand). Since there are but 2 people/families involved, we have never collectd condo fees per se....rather pay as we go.... and share costs. We have a problem: the owners of the other unit refuse to pay 1/2 the water bills for the cold weather months stating that they aren't here that often (but they are at times, and certainly COULD BE HERE). Originally they had paid 1/2, then last year they paid 1/4 of the water bills, which was our mistake. We had agreed last year feeling that possibly it was the KIND and fair thing to do, and WE lost out, since the service portion is far greater than usage. 
All insurance and water bills come to us (my husband's name). We are the first floor unit. We paid the hazard insurance and 6 months of water bills, sending the other owners the copies (we make) and their portion due. We email these and send them too. They have thus far refused to pay at all (for anything) and are seemingly ignoring our requests for payment and conversation too. We have written emails (saved) several times since April 4th. We have now placed a few phone calls, reaching them once. The rest are met with answering machines (do not return the calls), and the 1 call was answered and they state do not agree. We called the water company and added up all of the amounts showing our loss last year is greater than the fight this year. Ordinarily we get along fine. This is getting out of hnd, and needless to say, we need the money. We haven't included the TIME and MONEY for copying/calls/paying the bills up front. What would be the best advice without a full out war? We hate to see that happen. Oh, I forgot to mention, we do ALL of the yard work...grass cutting/snow shoveling, etc...since we are here full time. They have done NONE. 
Please help. Thanks.

posted @ Thursday, April 21, 2011 6:50 AM by Susan

I own a condo in a building that is part of a Condo Association. Our water has been working improperly for 3 weeks (weak water pressure, no hot water), and now it has not worked at all for the past 2 weeks. What rights do I have in terms of paying my dues when this is supposed to be included in the total amount each month? Is the association obligated to pay for me to stay in a hotel?

posted @ Friday, May 06, 2011 7:19 PM by Danielle

How do I find out about legality of hostile takeover of condo board? 
Who is "B"rilliant "P"ower management?

posted @ Friday, December 02, 2011 2:53 PM by Dorothy Sittler

Hi, We found out that we have a delinquent board member. Per the Condo docs delinquent owners can not vote nor serve as board members. The property management company tells owners that the board member is paying on time while in fact she lost several properties in foreclosure and she is late over 90 days on properties still owes and on payment plan. 
Can we disclose to owners that we have a delinquent board member and the Condo doc is violated? Can we disclose that she is in bankruptcy? (privacy laws?)

posted @ Sunday, December 11, 2011 9:20 PM by Tuba

Hi Tuba. I don't see how you will avoid telling the others that this lady is late on fees and in foreclosure. It is very easy to find out that she is not paying if someone decides to look at the books.  
If she is in bankruptcy though I am not sure anything can be collected from her as she is not suppose to be paying certain bills during that time.It is only fair that the board members are told what is going on because it is unfair to cover up for some while the others are paying. The smart ones pay 6 months in advance for fees. Now as for that lady who is delinquent and in bankruptcy it could be that special arrangements have been made to help her get through. It is unfair though that one person is not paying. You might talk it over with the association president. I have seen 2 people that ended up owing at least $5000 in fees. One of them filed for bankruptcy and lost the unit. The other one is still here but caught up.Find someone you can trust to talk to.

posted @ Thursday, December 15, 2011 11:10 PM by Mari

Is it legal to bar a condo association menber from directors meetings if that member is delinquent in paying her association dues.

posted @ Friday, December 23, 2011 11:25 AM by Sal

Only if we have nothing to fear

posted @ Sunday, April 22, 2012 10:19 PM by Coach Factory Store

I understand your concerns as regards the way the area looks but the fees have to get paid.If things are looking bad talk to the association president about it.  
We had someone who was $5000 behind in fees and they lost their unit. That is very unfortunate. Obviously if the grounds are not being kept up that needs to be addressed. The condo fees usually pay for people being hired to do the work.

posted @ Sunday, April 22, 2012 11:04 PM by Mari

is there a cap on how high condo fees can go I live in a 55+ the only thing we have is trash pick up this was once done door to door now dumpster-lawns and cleanup also snow removal in 6years the condo fee has gone up 2 times and this year it is going up again.I'm on a fixed income just like most of us I just don't know what i'll do

posted @ Thursday, August 16, 2012 2:40 PM by Sharron

Fees go to maintenance. They also cover things like the pool table or rec room accessories. They should be keeping them up to date. 

posted @ Tuesday, May 20, 2014 8:48 PM by Elias Rufus

Usually when assessment is applied it should state what it is for. If people would stay in touch with board/management and go to the annual meetings they would certainly know what it is all about. 
Everyone has the tight to ask what that assessment is being applied to. 
If u are self held board and they do not honor your request, send them a certified letter what u are looking for. If they decline to give u that information then I suggest u get a petition sign by all members and present it to the board 
We are not self managed and have no trouble getting info from our agent. 
By no means do you stop paying your assessment. This hurts everyone else and also drives the cost up which comes out of your money in the long run. 
More people need to get involved and when they ask for volunteers to be on the board stop sitting on your hands.  
I did just that and I maintained a very close relationship with our agent. 
Always remember management is working for you as a board member not the other way around. 

posted @ Tuesday, May 20, 2014 10:05 PM by S

I have a condo in myrtle beach that I am paying out of my ass and can not get the dates that I want to use it. can you help me someone

posted @ Sunday, June 22, 2014 6:13 PM by JOHNNY MARSH

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