Q&A: Is Paying a Special Assessment Mandatory?
If a condo board approves a waste-of-money pool project and passes a special assessment to pay for it, is there any way a disgruntled owner can get out of paying it?
Question: Our condo recently passed a special assessment to make us pay for some improvements to the pool area that are a waste of money. What happens if I refuse to pay since I disagree with how the money will be used?
Answer: Community associations, including homeowners, condominium, and cooperative associations, have the power to pass “special assessments” to pay for projects outside of the regular annual budget.
These assessments must be voted on according to the law and community rules and, when properly passed, are binding on all of the owners in the neighborhood. Like your regular maintenance dues, there are consequences to not paying the assessment, including fines and even foreclosure.
Worse still, the offending homeowner will have to repay the community for its collection costs, including administrative and legal fees and costs. These additional costs add up quickly and often surpass the unpaid assessment. Association law is complex, and each community’s governing documents are different. If enough of your neighbors disagree with the special assessment, or you think the association did not follow the rules in passing it, you should speak with an experienced attorney.
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