Legal Question in Real Estate Law in Virginia

Can I refuse to pay HOA Special Assessment fees for work not performed?

My condo association/management just sent a letter advising that special assessment is needed to cover reserve funds used to cover condo improvements such as patio fencing repairs, window wood work and painting.

My patio fencing was ''improved'' but it is now missing wood panels and there is now excessive paint on the siding where the contractor painted the wood around the windows.

Can I legally refuse to pay the special assessment for the improvements since they were not completed correctly or the job was poorly done? Or can I defer payment until the improvements are corrected?

Thank you for your time.

Asked on 1/01/03, 10:40 pm

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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Re: Can I refuse to pay HOA Special Assessment fees for work not performed?

If you review the your particular association's by-laws on special asessments, I believe you'll conclude that you must pay(or have a lien placed against your unit).

There are other ways to deal with the problems you've described, like starting with the building manager and, then, if necessarty, moving your complaint up to the board of directors(BOD).

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1/03/03, 3:48 pm

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