Assessments Board Condominium Financial Governance Legal

Question of Financial Liability for Condo Decks Leads to Foreclosure!

D.U. from New London County writes:

Dear Mister Condo,

I own a condo in a building without deck units, whereas other buildings in the condo have decks attached to their units. Since a deck or balcony is not a common element, I feel that it is not fair to be asked to pay $2,000.00 for the repairs of other units’ decks. Plus, I was appalled to learn at one of the meetings that some decks were repaired not long ago but the shabby job done made them fall apart in the following year. The Board of Directors members, who, by the way, have decks to their units, were quiet about it at the meeting. The association should be held accountable for not preventing such a failure. Instead they are imposing a lot of money to cover their mismanagement on many other units without a deck. Many of owners are elderly, as myself, living on a limited income. To involve a lawyer to fight such an abusive manner in the court, cost a lot of money which we cannot afford. As a matter of fact, I have already got a letter from the association, to be informed that a lawsuit including a foreclosure is intended on me. I have to add the association couldn’t provide, at my lawyer request, a copy of the relevant portions of the By-Laws, Rules, or Regulations which authorize the imposition of such assessment on me. Where should I address this issue other than here? I think that an investigation is overdue on Property Management at my association.

Mister Condo replies:

D.U., I am sorry you find yourself at such odds with your association. To hear that you are being threatened with foreclosure now tells me things have progressed even further than your letter lets on. Let’s start with what comes next so that you don’t lose your home. You have hired an attorney to represent you and that is critical to protect your rights. He has asked for the supporting documentation giving them the right to assess and then foreclose for failure to pay the assessment in timely fashion. I can assure you that they do have the right to collect assessments from you and they can foreclose against you if you don’t pay the assessments. You also have rights and you may be able to sue them if the assessment was passed incorrectly or if the decks are not common elements, as you claim. Unfortunately, my guess is that the decks are considered common or limited common elements and that you may, in fact, be liable even though your unit does not have a deck. I realize that this seems unfair but unless you or your lawyer can show where they have done something wrong, the assessment will stand and you will be held liable. There is no central authority in our state to investigate the management of your association and I am not an attorney and offer no legal advice here. You have already hired an attorney which is your best option to see this through. I wish I had better news for you here but I think the only real problem here is an understanding of how a condominium association operates and governs itself. Hopefully, your attorney will help you navigate this legal turmoil. All the best!

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