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Is condominium association fee is obigatory even if the condo association refuses to maintain the common area.

Philadelphia, PA |

condo unit was damaged due to water and mold including common area, the owner has no part of the cause of the water damages, condo association refused to repair or to correct the problem which causes health hazard and can not live in, forced to pay rent outside. Condo association seeking legal action to to collect the condo fee pluse legal fee while the unit still not being fixed after extended peroid of time and preventing the owner to have an access to the building to fix it them self, is that legal?

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Attorney answers 1


I don't practice in Pennsylvaia and am not familiar with state laws so you really need to speak to an attorney who is knowledgeable about community association law. In Georgia the answer is as long as your name is on the title, you have to pay the assessments, even if your unit burned to the ground and no longer exists. There is absolutely no defense to not paying the assessments. One reason is because if money isn't coming in, repairs cannot be made. The other theory is that an owner has other remedies if the association isn't making the repairs, such as taking the association to court for failure to make repairs that are the obligation of the association. Another is to have the board removed, or better yet, run for the board yourself.

So the question is who is responsible for the repairs. The owner may be responsible for the repairs to the interior of the unit, even if the water came from outside the unit. To find out you need to review your documents, especially the Declaration of condominium and see who is responsible for what. Start making payments on any arrears you owe and speak to your attorney about your rights and if you or the association is responsible for the repairs.

This is not intended to be legal advice or create an attorney-client relationship. If more information is needed, you should consult with an attorney in your state regarding the specifics of your situation and the options available to you.