I have been in my new condo for 2 months and have not recieved a parking permit, access to on-line information and bill pay, or the name on my mail box changed (Even though they took money out of my move in deposit for it). If I were a renter I would have the right to withhold part of my rent for these problems. What are my rights against a Condo Associaiton? Can I with hold part of my Dues until these problems are fixed? What are my legal right for withholding thier money when I'm not getting service after being here for 2 months?
2007-03-27 11:48:05 · 3 answers · asked by Greatone76 1 in Business & Finance ➔ Renting & Real Estate
YES - you can withhold your dues, but if you do then the following WILL happen:
1- they will find you and charge late fees (and they will be justified.
2- they will file a lein on your property and you will be unable to sell or refinance without paying them (and they will add the legal fees to your bill.
3- they will go to court after the bill has grown to a sufficient size and get a court order to sell your property to pay the outstanding bill.
The better thing to do is to go to the next association meeting and complain to the board in person. They are owners just like you and they will leanon the manager to get you your paperwork et al.
Even better, get yourself on the board and become the HOA manager's boss - talk about poetic justice...
2007-03-27 12:11:41 · answer #1 · answered by sdmike 5 · 1⤊ 0⤋
Sure, you could, but it will probably cost you late fees and legal costs if the association representatives files a lien on your property. You seemed confused here - if it is like most associations you are part of the association; so what are your legal rights against yourself? You could sue yourself I suppose if you wanted.
So as a member of the association maybe you need to get more involved. It may be a matter of too many things to get done and not enough members working on getting them done.
2007-03-27 14:01:55 · answer #2 · answered by Roger C 5 · 0⤊ 0⤋
No. Depending on what state you're in your options can vary, but basically if you're not being serviced by the association, you can sue them, or send them a request for mediation. There is nothing in the law that allows you to withhold association dues for services not rendered. They can put a lien on your property for what you owe and foreclose your property if you don't pay.
2007-03-27 18:55:47 · answer #3 · answered by SndChaser 5 · 0⤊ 0⤋