Legal Question in Real Estate Law in Florida

Can a condo association charge me an assessment fee of 400.00 due to the other condo owners not making their monthly condo association fees? I make my monthly association fees every month, and yet I am threatened they will send me to collection if I don't pay an extra assessment fee of 400.00. They come up with this due to other owners of units not making their monthly condo association fees. Thank you.

Asked on 8/01/09, 12:44 pm

1 Answer from Attorneys

Steven Meyer CPLS, P.A.

The Board of Directors has control over the Association's budget. If the collections are insufficient to meet the monthly operating budget, the Board can vote on a special assessment for all owners (including the ones who aren't paying). It's a bad situation that is, unfortunately, becoming very common in homeowners' and condominium associations. The Board should be actively attempting to collect delinquent monies owed by the owners who have stopped paying. This might alleviate the problem to some degree.

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Answered on 8/02/09, 2:35 pm

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