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Under what circumstances can I withhold Condo Association dues?
Ok, this is a long one - if you get bored easily you might want to take a pass.
I live in a 37 unit Condo Community built in the 1970s of Cedar. It's very charming but naturally we have many challenges We also have an Assoc board led by a controlling president who tries to get all services cheap. I understand these are tough times but this guy is not just prudent; he insists on using shoddy ! He'll often make repairs himself (often not adequately) to avoid paying anyone. He insists everyone is too expensive and don't deserve to be paid what they ask. When anyone complains - such as myself last summer after a major light pole near my condo was out for 4 months, they're considered a troublemaker. The president told others I was "too aggressive because I kept asking about it during that period!".This was a major lamppost outside of our pool, as well but he told a neighbor that I act too pushy because I'm from "back East"! LOL I get the feeling that women are supposed to be seen but not heard, with this guy.
I am living in a major Nebraska city and it should be no suprise to anyone that we get snow around these parts. This winter we have a new snow removal provider who was cheaper than the last 2. Actually it's our landscaping company who does a great job maintaining the lawns in the summer; but have totally dropped the ball when we have snowfall/ice. They claim they are only to come if we have more than 2" of snow. This doesn't make sense to me - even when there is only 1" of snow - it often ends up freezing. I have fallen as have a couple of other neighbors - twice in the past week. I verbally told the president that this is now a safety issue for several of us and that I was going to withhold my association dues until we get proper service for ice removal.
Can I actually do this? If not, what else can I do? I was so impressed the first winter I was here that we had a service that was out at 5 am blowing snow & salting if we had anything more than a flurry.
The Pres. of the Assoc. was out shoveling today and insisted he didn't know what to tell me about all the ice and snow- we didn't have 2" of snow!
I really want to withhold my association dues until this is resolved.
Don't tell me to get him removed from the board. The rest of the board is torn between being afraid to cross him or loves him. He is the only president we've had that gets out there to do work that we normally have to hire someone to do, they claim. I've only lived here 2 years btw and do not have the clout that some of the oldtimers do.
Well, I was voted onto the board and after 2 years on it, the president basically told the others it was him or me. I resigned.
I am not being clear if you think I want to pay more money or that I have more money. I am a single recent cancer survivor and also have knee problems. I want to be safe where I live. Many of the other neighbors complain to me about the same thing, but they don't go to the board. They've seen the way my outspokeness is met with disdain by this president. Btw. I pay $179 month assoc dues and we took another assessment last year for $500
You might be thinking that perhaps I'm just a big mouth complainer who does nothing. Not only did I also help out around the grounds but there is not a person around who will tell you that I am always polite and gracious and that my questions in board meetings are always phrased intelligently and appropriate.
More than likely you're right - I just have a personality conflict and really should sell my place.
I appreciate some of the responses and especially Melanee's explanation of what her neighbor did. I kind of resent being told I am weak - I stood up to this guy time after time and finally realized that because he whines about how much he does for us; some are convinced he is handling money prudently. I don't believe he is. He insists that I don't understand. I have owned several homes before this - he has not. Btw, I could not have fixed a 15 ft high lamppost myself! He attempted to do it himself 3 times and blew bulbs that were $60 each before he realized that it was a part that was needed that he didn't know how to repair. It finally cost us another $500 to replace the entire post because it was from the 1970's and they don't make the part we need anymore. Thus, he insists I'm forcing them to spend more money. I believe major lighting being out for long periods of time is just as much a safety issue as unsalted icy walks & roads.
3 Answers
- 1 decade agoFavorite Answer
Well, we live in FL, not Nebraska, an my neighbor just lost her condo to foreclosure due to a nasty divorce; however, I spoke to her and you certainly MAY withhold your dues and the violate the agreement if the reasons for your withholding are due to health/safety/hazardous conditions. Her experience, here in FL, is that once you withhold your dues the condo association can take action; which occurs in a courtroom. Once you're in front of the judge your reasoning for withholding your monies, backed by facts, has to show that the association was not holding up to their end of the agreement, thereby violation THEIR end of the agreement causing a kind of 'breach of contract.' She saw it happen and watched the owner's involved win against the board; not without consequences. They were then target, thereafter, for any slight or minor 'violation' that the association could dig up on them. So be careful, Miss Carol! I'm a fighter, too. I believe in karma and that good ALWAYS wins over evil in the end. Got get 'em, girl!
- ?Lv 71 decade ago
You cannot withhold your dues. That would put you in violation of the condo association rules, they would put a lien on your property and force a sale. that is the problem with condos. Your only option is to run for an office on the board and drive yourself nuts trying to get things changed.
- estielmoLv 71 decade ago
Since you are too weak to stand up to him on the board you only have two options: move or sue for non-perfornance. Withholding dues is not possible without legal repurcussions.
