48 Months Behind in Condo Common Fees; Can this Unit Owner Still Vote?

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P.P. from Fairfield County writes:

Dear Mister Condo,

Does a unit owner who is 48 months behind in condo fees and refuses to pay roof assessment have a right to vote in association meetings? Our condo was formed in 1979.

Mister Condo replies:

P.P., I can’t imagine why the association hasn’t taken foreclosure measures against this seriously delinquent unit owner. You and your fellow unit owners are effectively subsidizing this unit owner’s share of the common fees. In a small condo like yours, I would imagine that impacts every facet of the association’s finances. Obviously, I encourage you to follow up with your Board and demand that the Board take the appropriate steps to recover as much of that delinquency as possible. But your question was about voting rights. I reached out to a local legal expert for an expert opinion. Here is the response:

“Yes, the delinquent unit owner may vote. According to Section 47-244(a)(19) of the Common Interest Ownership Act, regardless of when the Association was formed, its Board “[m]ay suspend any right or privilege of a unit owner who fails to pay an assessment, but may not … (B) Suspend a unit owner’s right to vote or participate in meetings of the association….””

In other words, P.P., the Board can prohibit the delinquent unit owner from using an amenity like visitor parking or a pool but the Board cannot suspend the unit owner’s right to vote at association meetings. Good luck in recovering your community’s delinquent funds. I hope you attract a new unit owner who will uphold his or her agreement to pay common fees to the association.

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