Condo Unit Owner Claims Negligence as Reason for Not Paying Assessment

V.M. from Middlesex County writes:

Dear Mister Condo,

If I do not pay an assessment because of negligence by the trustees do I lose my rights as a unit owner?

Mister Condo replies:

V.M., regardless of what the reason for not paying an assessment, the association will very likely take collections action against you, up to and including foreclosing on your home. You do not fight a claim of negligence by withholding fees or assessments because the association has a legal duty to collect those funds from you and from all unit owners. You have rights as well and challenging the Board with a claim of negligence is done with a lawsuit initiated by you against the association. The only thing withholding fees or assessments will accomplish is legal fees and possible loss of your condo through foreclosure. That is not a good strategy, in my opinion. All the best!

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