J.W. from Massachusetts writes:
Dear Mister Condo,
Our 3-story parking garage has been condemned since September 2016. Those of us unit owners who parked in the garage have been forced to park outside or on a side road. The management team since September has been collecting full condo fees. Is this legal?
Mister Condo replies:
J.W., I am sorry that your parking garage has decayed to the point of condemnation and that the Board has been unable/unwilling to make the needed repairs so it can once again be used by unit owners. I am not certain this is a question of legality as much as it is a question of affordability and how much money your association would need to repair the job and have it deemed usable once again. There is only one place for that money to come from and that is the association owners. If the current Board is unwilling to levy the assessment or raise fees to support a loan to cover the repairs, there is little else that can be done. The garage will not repair itself and it will likely cost a lot of money that the association will have to raise through either special assessment or an HOA loan, payable back over time but causing an increase to common fees for all unit owners. My guess is either option is unpopular but rally should be contemplated, voted upon, and acted on. Wish I had better news. All the best!