Can the condo association force me to pay for maintenance of my deck (common element)? see below. ?

Question

I declined having my back deck power washed and stained last year because it was inconvenient for us when the contractor called to have it done in Sept/Oct 07, and summer's over. Anyway, I just had it done in July 08 and the president of the association came over with the bill and stated that the consensus of the board was that since it should have been done last year, I have to pay the difference because of increase of cost. The difference is only $86.00 but the bylaws state differently. According to bylaws, it states that the cost of repairing, maintaining, and replacing (but not of decorating) the decks ... shall be borne by the Association, except to the extent of maintenance, repair or replacement due to the act or neglect of a co-owner or his agent, guest or invitee, for which such co-owner shall be wholly responsible. I don't think it was neglect when I refused to have it done last fall. so, when the president came over with the bill, we explained that the bylaws state that it's the association responsibility. He disagreed, and mentioned that if we don't pay the difference he is going to take civil action. We are small condominium complex of about 35 units. Does he have a case? Can the board decide against what the bylaw reads? What should I do to avoid civil action or prepare for one if they decide to take this step? Sorry for so many questions. Hope you can help.

Answer 1

Pay the $86- whether legal or not.  Who wants the hassle, because if the condo wins against you, you pay their costs too.  

If you win, that will require a bunch of money.  I realize sometimes it is a issue of right and wrong, but for $86, swallow your pride.

Answer 2

Your HOA may have a case.  The clause you quote says "due to the act or neglect".  You may not have been negligent, but your act of refusing to have the work done when the rest of the complex was done may be construed as causation for the higher bill.  With a sense of fairness, do you think that it is right that each tenant must pay a little bit extra for your deck because it was inconvenient to you last year?

I am not a fan of HOA's, and have been victimized by them in the past.  They are much more draconian in condominium complexes than in single family developments.  With that said, in my opinion you are probably responsible for the difference.  Even if you are not, it will likely cost you much more than it is worth to defend yourself in both time and money.  I would just pay the $86 and call it a learning experience.

Good Luck.      

Answer 3

you in the States ?

Nuke him is best.

These guys are little Hitlers mostly. Too full of their own egos.

Answer 4

Yes they can. It's called an assessment.

The President just explained it to you wrong...

The contractor was paid based on doing all of the units, if you declined the service, you still have to pay for it.

I'll be very, very honest with you...pay the $86.00.

HOA management companies are usually teamed up with a law firm that will slap a lien on your property very quickly....as well as run legal bills up that can be 4x of the amount you owe.  If you don't pay it, they can foreclose.

If you have to take ONE DAY off from work to go to court....it's going to be more than $86.00, isn't it?

It will be very difficult for you to win without an attorney reviewing the bylaws....and you aren't going to get an attorney for $86 are you?

Nope.

Just pay them to shut them up.

Answer 5

They should have made you aware that the cost was going to be more before it was done.

It might have cost more to do just one deck at a time, then to do 34 decks at one time.

Basically, if you don't pay it, the money would come from the fund for repairs paid by all the residents of the condo complex.

Obviously $86.00 split 35 ways is not much money from each owner, but do you really think it should be the responsibility of the other owners to help pay the difference for your deck because you couldn't have yours done at the same time as everybody else?

If they told you, you would have to pay an extra $5.00 this month on your HOA dues because your neighbor didn't get his deck done at the same time as everyone else, so it cost more it get done, would you be upset? would you think the neighbor should have to pay the difference himself?

Answer 6

I live in a condo, and our by-laws state that our patios are common elements, however we are responsible for upkeep.  So if the association gives you a timeline to clean or repair something, you'd better meet their guideline.

I have to have my fireplace flue cleaned out once a year by Sept 1.  If I don't, I get a $10 fine per day until it's completed.  I complained because I've never used the fireplace, I only like the decorative element (and I hate soot).  But it's a condo rule... you should have the right to elect your HOA board members, so find out who imposed the fee and go to the meeting and don't vote for them next year.

I'd pay that ASAP before they decide to raise in on you.  Condos are c**p and I will never buy one again.

Answer 7

There are some people who shouldn't live in a condo.  When you say that you declined to have the work done because "it was inconvenient for us" for 2 whole months.  That is where the problem began.  The contractor can not wait for you if you live with an HOA.   All the units have to be done in 30 days and then the contractor goes on to another job.  You may fight and win about the $86, but your next home should be somewhere that you share nothing with the neighbors. /

Answer 8

Do you really want to go to war over $86? The HOA can make really difficult on you if they choose  

Answer 9

Yes you should pay. A lousy $86 will quickly turn into thousands if you take it to court. You will have to pay your lawyer and theirs if you lose. The association is in charge of maintaining the common elements; you had no right to do your own maintenance. They are also charged with interpreting the by laws -- not you. All this for under $100? You should live in a single family home.

Answer 10

If you don't pay it, they will record a lien on your property, and you will have to pay it sooner or later.  

Answer 11

You can pay the $86.00 and quietly make the situation disappear.  Yes, it WAS 'neglect' when you refused to allow the maintenance to be performed as contracted by the condo board.

Do you think, for some odd reason, that the other owners should be required to share in the increased expense to cover for your 'inconvenience' ?

The condo board president is not going against what the rules indicate. It is you who does not understand the rules properly.