Condo Q&A

Developer holds and rents units, refuses to pay HOA dues

Written by stephen polinsky | Mon, Jul 23, 2012 @ 01:11 PM

I am the president of an HOA which has 24 units. Two buildings -- 8 units and 16 units. All units are owner occuppied in the 8 units building. Five units are owner-owned in the 16 units building. The developer owns 11 units. He has not sold a unit in the last four years but is renting the units. He will not pay the association fee --only pays what the associatiion fees do not cover at the end of the month. The by-laws provide this option as well as being able to choose to pay association fees. My question is when does he cease from being the developer to nothing but a land lord who would then have to pay association fees.