Condo Media - January 2016 - 18

Homeowner's Corner

Top Excuses for Non-Payment
Why Association Members Don't Pay Their Assessments

Association members who pay their assessments late or not at all come up with some
interesting excuses. Here are the top five excuses,
and why it's smart not to use them.
EXCUSE #1: "I DIDN'T GET WHAT I PAID FOR."
You have a right to require the association to
perform its duties, and various legal channels exist
to accomplish that. Withholding assessments is not
one of them. Your obligation to pay assessments has
nothing to do with the association's obligations to
provide maintenance and service. If you withhold
your check or pay a reduced amount, you'll become
delinquent, and that leads to late fees. In some
cases, non-payment could lead to the association
foreclosing on your condo.
EXCUSE #2: "YOU DIDN'T BILL ME."
Many association-governing documents neither
require the association to send invoices nor to
provide advance notice of payments due or past
due. However, associations are required to send
the approved budget to owners annually. When the
association approves and sends the budget each year
to members, it contains a notice of the amount of
the assessment payment. If owners are unsure about
the amount or the due dates, they should contact the
board or management office.
EXCUSE #3: "YOU CAN'T DO THAT!"
Actually, the association not only has the authority, it
has a duty to all owners to collect assessments. This
authority is established in the governing documents
and the state's common interest ownership statutes.
When you moved into a community association,
you agreed to abide by those documents-and that
includes paying assessments.
EXCUSE #4: "I NEVER USE THE
RECREATIONAL FACILITIES."
Admittedly, recreational facilities are expensive
to operate and-for some associations-represent
a good chunk of the budget. Nevertheless, most
declarations specify that even if you don't use the
association's amenities, you're still obligated to pay
for their upkeep.

CONDOMEDIA

Many residents move into communities
specifically for the recreational amenities; they're
willing to pay for them because they take full
advantage of the opportunities they provide. Even
if you don't use some of the amenities, they make
the community more desirable and the homes there
more valuable. If you're not using the facilities,
perhaps you should consider whether the community
is the best fit for you and your needs.
EXCUSE #5: "THE FEES ARE TOO HIGH."
Assessments reflect the actual cost of maintaining
all common elements in the community. If you
owned your home outside the association, you would
have to pay individually for all the same expenses
your assessments cover-trash removal, water,
landscaping, etc. In fact, you probably spend less on
assessments because the association may have bulk
buying power, and you get more because the common
areas may provide amenities that you likely could not
afford on your own.
LEGITIMATE REASONS, NOT EXCUSES
When association members lose their jobs or become
injured or ill, boards should understand that arrangements may need to be worked out for paying
assessments. If owners have a legitimate reason
for falling behind, they should contact the board or
manager. The board should consider each situation
individually and attempt to accommodate special
circumstances, if possible.

Condo Media - January 2016

Table of Contents for the Digital Edition of Condo Media - January 2016