Condo Association Management Blog

If you are correct - Yes

The answer should be in your gov docs. In most cases the answer is "no", fees overpaid are not reimbursed. This is what my CCRs say under "Assessments. Section 8, Rules regarding billing and collection procedures. The assn. shall be under no duty to refund any payments received. . ." However there should be a credit on your account. In your case that credit should be in the amount of $1,800. Not knowing what your monthly fees are I can't say how many months you shouldn't have to pay but I'm sure you can do the math on that. On the other hand, if your docs are silent on this, the board could choose to refund the money or apply it to future assessments. But, first they will have to agree that you've been overcharged and your account will have to be adjusted to show the credit.

Dues are supposed to be assessed in accordance with each unit's percentage allocation/interest in the development as a whole. If your dues were assessed improperly, you can demand that the Association refund your overpayment, either in cash (sometimes) or as a credit to your account (more often). In order to help you determine exactly what your dues *should* have been and what "type" of refund you can ask for, you should work with an attorney experienced in community association law to help you interpret your documents. However, you may not need a lawyer to help you "demand" the refund - you could start by submitting the request in writing directly to your Board. Try to work with them cooperatively to resolve the situation first. Good luck!

I'm an independent Property Manager for a Condominium Association in Maple Heights, Ohio. I have had the opportunity to work with all levels of management. My experience in this field has provided me with the knowledge necessary to oversee daily activies related to Condominium Management. I am a reliable and responsible individual who is concerned with efficiency and getting things accomplished. I am certain I would make a valuable contribution to your Association. I bring to each task talents for organizing , learning quickly and communicating well. 
 
 
 
I was the Board President of this Association for 11 years before taking over the management duties which include the following: 
 
 
 
 
 
1. Work with legal staff hired by the Association.  
 
2. Obtains bids for the hiring of all independent contractors through the direction of the Board Members. 
 
3. Attends all Board meetings including the annual meeting. 
 
4. Answer all concers that unit owners may have. 
 
5. Provide a 24 hour 7 day a week on call service. 
 
6. Set up and mantain all Association files. 
 
7. Mail all necessary documents to owners. 
 
8. Provide a coupon book to each owner. 
 
9. Make bank deposits as required.  
 
10. Pay bills for the Association. 
 
11. Work with CPA in filing the Associations tax return. 
 
12. Work with the Board in preparing a budget for the fiscal year. 
 
13. Provide a monthly statement including a delinquency report to all Board Members using QuickBooks program. 
 
14. Conduct a walk through of the property.  
 
15. Oversee all contractors. 
 
 
 
I fully understand that each community has their own individual needs.  
 
I'm sure that I would be able to assist you, whatever your needs may be. 
 
 
 
Please contact Linda at 1-440-539-7056  
 

As I understand your situation, the answer is more difficult than a simple "yes" or "no." Your question implies that your fee is (or should be) lower than that of the other owners because you own the smallest unit. If your CC&Rs call for the fee to be allocated on the basis of the size of the unit as a percentage of the total size of the property, then if you have overpaid, other owners have underpaid. As such, those owners who have underpaid must be willing to make up their shortfall of the past three years in order to have enough money in your bank account to issue you a refund. 
 
I would suggest a meeting of all owners with whomever prepares the allocation of your monthly HOA fee. Everyone needs to understand why they have either overpaid or underpaid. Then you need to reach a mutually agreeable method of correcting the situation.

I manage an Association in Florida where we found something similar. The Association for the most part was "self managed" since creation. First by the developer and then any board member who would do it. In preparing the budget (which hadn't been done in years), we found that one unit had been paying more and another unit had been paying less. When we prepare the budget, we are obligated to do so according to the proportionate share in the condo docs -- the official copy being the copy as filed online with the Clerk. When we did research, we found the proportionate share was missing from the official documents filed with the clerk. One of the owners had a copy of the condo docs given to them by the original developer back in '72. It showed all units as being equal. At some point in time the developer (while still under control) decided to modify two units that they owned. One unit had a bedroom removed to add to the other unit thereby reducing the size of one unit and increasing the other. The developer sold both units and when the owner of the smaller unit realized they were paying the same amount as the larger unit in 2001, they threw a fit so the Board members held a meeting to "adjust the maintenance fee" to 30% less than the other units. In referencing the condo docs, if the developer modified the layout of any units, he needed to file amended layouts -- which never happened. The "intended" proportionate shares were not based upon square footage because some units have more sq footage than the others. So, the only solution provided under the law was to readjust all units as to square footage and have all owners sign off or both units pay the amount as intended by the condo docs which were never properly filed, and the Association file the missing portions of the condo docs as a scriveners error. However, if one of the owners objected or sued, it would be costly and create title problems. 
 
The smaller unit (who was on teh Board) was not happy about it, but when looking at the legal fees involved and owning 11 units each of which would have to pay -- agreed to pay the equal share in accordance with the missing portions of the condo docs.

i ovne 2 +2 condo 36 units wher was so much coroption and teft so my friend become tresurea and did so much work her self to save the mony for condo so that ouer mantanec dont go up but it is 2-3 of them who are so teribale . they wen an took moy out of reserw accaunt an paid ther morgage insurens and that presidet did that with consolting wit anybody .How do you hendel that tel me so i am going to join the bord . please give me some ansers thenk you . Duby Maros

I would present your case before the board and see how it goes. It may not be really easy. They owe it but that is a lot of money to shell out esp if the assn account is low.You could sue but it may not be worth the hard feelings.Why not request it to be repaid to you in payments? Obviously you are not going anywhere and it would work out better for all. I would sure be nice about it because getting persons to part with funds is usually not easy.Everyone has some of their own money invested and it becomes very personal when things like this happen.I do feel though that if money is owed you, you should have it but be very careful how you go about asking for it.