Condominium Associations

How does a condominium association collect for unpaid dues?

The Assn. has a right to collect unpaid dues. When a unit owner fails to pay, the Assn. is required to issue a notice, usually between 7-10 days, before it can file its lien and lawsuit recognizing its lien for collection.

Is a condominium association for repair and maintenance of individual balconies?

Generally, the condominium association is responsible for the repair and maintenance of unit owner’s balconies. They are considered limited common elements, meaning they are common and the responsibility of the Assn. but limited because they are for the exclusive use of 1 unit owner.

Can a condominium association restrict a unit owner from keeping a pet in its property?

Yes. There are a variety of ways that the condominium association can restrict the types and number of pets a unit owner can keep in its property.

Can a condominium association issue special assessment?

Yes. When association funds are too low or repairs, such as a major roof repair or increase in insurance deductible, the Board can vote to have a special assessment to raise funds.

Can a unit owner stop paying its monthly dues because it is not satisfied with the Condominium Association’s handling of its affairs?

No. Unit owners do not have a right to cease monthly dues because it is not satisfied with the management of the condominium association.

Can a condominium association recover attorney fees if it is required to bring a lawsuit against a unit owner?

Yes. Generally, the condominium documents provide for recovery of attorney fees if the condominium association is forced to file a legal action.

Can a condominium association shut off water, power or other utilities if a unit owner fails to pay its monthly dues?

No. A condominium association has a right to file a lien and lawsuit recognizing its liens if it wishes to collect on unpaid dues. But it cannot shut off utilities to a unit owner in order to collect unpaid dues.

Can a condominium association evict a tenant?

Yes. Condominium Assn. can evict a tenant who is in breach of the underlying lease agreement. In addition, the unit owner can be fined for having a nuisance tenant.