Wednesday, February 13, 2013

Pay assessments first, challenge them later!

Homeowners association: Homeowners association bill proposed -

"Homeowners behind on their community-association dues would have to make good on the full amount before fighting the charges, under proposed legislation that would also bring state oversight to Florida's homeowner associations. Sen. Alan Hays, R-Umatilla, filed a bill this week that would essentially fast-track community associations' ability to foreclose on houses or condo units with unpaid dues. If a homeowner did not deposit the unpaid balance in a special registry as directed by a court, the association could foreclose immediately on the house. Currently, owners can contest associations' charges in a process that can stretch out for years."
With condo associations becoming insolvent, the industry wants to keep them from going under. The solution? Make the owners pay first, challenge assessments later. Making life harder for owners is the default solution for most problems, it seems. 

1 comment:

Mike Reardon said...

This has been the law for 20 years here in Massachusetts.

Condo owners must pay assessments charged, and only then resort to the courts to determine their legality.

Woe to the owner who attempts to offset a disputed charge by not paying an assessment.

Blood vs Edgars Inc.

36 Mass. App. Ct. 402

"In this respect, the condominium unit owner stands in much the same position as an owner of real estate, who is bound to pay the tax assessed before challenging it."