When You Can Refuse To Pay Condo Fees

Q: Our condo association doesn’t do anything. I feel like we should stop paying because they aren’t really taking care of the building. Carol, East Orange, NJ

A: When you own a condominium unit you are effectively in partnership with the other unit owners. As a unit owner, you have a legal obligation to pay your monthly condo dues. If you don’t pay, if your condo association is competent, they will record a lien against your condo unit for the amount you haven’t paid along with late fees and legal fees potentially and that lien will have to be paid before you can sell or refinance your condo. Also, the condo association can then foreclose on your condo unit even if you also have a mortgage–they can foreclose and take your condo subject to the existing mortgage–most people don’t know that but it happens all the time particularly in real estate markets where condos are prevalent. If you don’t like the way your condo association is running your condominium complex, you can file a written complaint with the condo association or management company or you can claim damages in a small claims court law suit if you experienced losses due to the association’s actions or neglect. You can also sell your condo unit or personally get involved in operating your condo association. In NJ, the one situation that would allow you to legally refuse to pay your condo fees is if you have a court order that says you don’t have to pay. Thanks for your question, Carol.

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