Condo Media - July 2018 - 18

Homeowner's Corner

Excuses,
Excuses
Why Members
Don't Pay
Association members who pay
their assessments late or not at all
come up with some very interesting
excuses. Here are five of the most common-and why it's smart not to use them.

owner annually. When the association approves and sends the budget
each year to members, it contains
notice of the amount members must
pay annually.

EXCUSE #1: "I DIDN'T GET
WHAT I PAID FOR."
■ "My building hasn't been painted in
five years! I'm not paying another
cent until some basic maintenance
gets done."
■ "The power was out for three days
during the storm. I'm withholding a
pro-rated amount from my assessment check."

EXCUSE #3: "YOU CAN'T DO THAT!"
■ "These people have no right to make
me pay for neighborhood upkeep."
■ "If they think I'm paying those
outrageous late fees and interest,
they're crazy."

You have a right to require the association to perform its duties, and various
legal channels exist to accomplish this.
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, and possibly foreclosure,
which makes your situation worse.
EXCUSE #2: "YOU DIDN'T BILL ME."
■ "I didn't get an invoice."
■ "You didn't tell me I was behind in
my payments."
Many association governing documents neither require the association
to send invoices nor provide advance
notice of payments due or past due.
However, associations are required
to send the approved budget to each

CONDOMEDIA July 2018

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 owners move into
a community association, they agreed
to abide by those documents-and that
includes paying assessments.
EXCUSE #4: "I NEVER USE THE
RECREATIONAL FACILITIES."
■ "I don't play golf, and it's an expensive
game. I shouldn't have to pay to maintain the course."
■ "I've never been in the fitness center,
and I don't plan to ever use it. Why
can't you pro-rate my assessments
accordingly?"
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.

Many residents move into a community 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're not using some of the amenities, they make the community more
desirable and the homes in the community more valuable. If you're not
using the facilities, perhaps you should
consider whether this 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, and so on. In fact, you're
actually spending less on assessments
because the association has bulk buying power, and you're getting more
because the common areas 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, the association board should understand that
arrangements need to be worked out
for paying assessments. Owners with
legitimate reasons for falling behind
and who need to work out a payment
plan should contact the board or management company.

Condo Media - July 2018

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