L.M. from New York writes:
Dear Mister Condo,
If a condo owner is in arrears and refuses to pay common charges, be legally towed, with prior written notice, from the parking plaza or street, which are all private. Thank you.
Mister Condo replies:
L.M., most likely not but there are exceptions. Condo owners, even those in arrears, have basic rights as owners of the unit and members of the association. Those rights are not suspended because of arrearage. Denying an owner use of common elements, such as parking, could put the association at odds with the owner and even government agencies such as FHA. Additionally, if this particular owner is a member of any protected class, a discrimination lawsuit will also likely follow. There are far better methods of collecting common fees that are in arrears. If you haven’t already done so, speak to a collections company and/or your association attorney. Either will be quite verse in the best methods of collecting the dues and protecting the association. Good luck!