Seasonal Condo Landlord Faces Pushback from Year-Round Owners

S.M. from outside of Connecticut writes:

Dear Mister Condo,

I bought a condo as a vacation home in Maine. There are five units. As I live in Massachusetts, and still work full-time, I am only able to use it intermittently in the summer, and then I rent it out November – May. There is another owner that rents hers year-round, and a third that comes intermittently in the summer and closes it up for the winter. That leaves two other units that are owner-occupied year-round. One of them is proposing that the non year-round owners pay an extra percentage or dollar on the monthly condo fees “for months when owners are not here to cover all the management/maintenance issues that fall to those who live here full time”. Can they do this? I would agree that the year-round owners are the ones who have to call the repairman, or may sweep up between cleaning lady visits, or admit inspectors to our units if required, but should they/can they be compensated through additional fees?

Mister Condo replies:

S.M., unless your governing documents allow for such a fee (unlikely), then the only way to add one would be to modify the documents. Since three of the five unit owners would likely vote against such a rule, it is unlikely to pass. That being said, there may be some validity to what the other year-round unit owners are asking and since it is such a small community, you might want to find an agreeable solution to keep peace and harmony in the community. Personally, I would argue that the year-round unit owners are benefitting by being the ones making the calls to repairmen and keeping their homes in good working order. If they need additional “sweeping up” between cleaning lady visits, perhaps it is time to schedule more cleaning lady visits, an expense shared by ALL unit owners, even those not there year-round to benefit directly from the additional cleaning. Other than that, I think they should review the governance documents and realize that the real estate purchase they made entitles them to the common services as outlined. Anything above that is an unreasonable expectation on their part. Good luck!

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