Real estate Q&A: Can condo board set $42K special assessment for structural repairs?
Published in Business News
Q: We bought our condo five years ago and budgeted carefully. Last month, the board sent a letter saying we owe a $42,000 special assessment for structural repairs. We are retired and on a fixed income. Can the board really do this, and is there any way to fight it? — Diane
A: I am sorry you are facing this, and you are far from alone.
The short answer is yes. The board can almost certainly levy this assessment.
Your path forward is not to refuse to pay. It is to confirm the board did this correctly and to find a way to manage how you pay for the necessary repairs.
After a high-profile building collapse five years ago in South Florida, many places began requiring older condo buildings to undergo structural inspections and reserve studies, which are engineering reports that outline what a building will need to maintain structural integrity, along with the cost of making those repairs.
Boards can no longer quietly skip funding for major structural items as many once did. Some associations deferred repairs for decades, and the current condo owners collectively have to pay the cost to bring the building up to standard.
Start by reviewing the documents behind the letter. As an owner, you have the right to inspect the association’s official records, including the inspection report, the reserve study, the board meeting minutes, and the contractor bids. Request them in writing.
Then review the minutes to confirm that the assessment was approved at a properly noticed meeting. If the board skipped the required notice or vote, that is a serious problem for them and your strongest argument.
Now, the part owners do not want to hear.
Do not withhold payment to make a point. If you stop paying a valid assessment, the association can lien your unit, eventually foreclose, and leave you with its attorney’s fees on top of what you already owe.
Protesting by not paying is the one move that turns a hard situation into a disaster.
The good news is that you usually have options beyond a single lump-sum payment. Many associations can fund large repairs with a bank loan or line of credit, spreading the cost over smaller monthly payments that often last for years.
Attend the next board meeting and ask whether financing is on the table. Other owners on fixed incomes are almost certainly thinking the same thing, and boards respond to a room full of the same question.
If your association cannot spread out the payments and you have the necessary equity in your condo unit, you can look into getting a mortgage loan to spread the payments out that way.
This is a painful moment for many condo owners. But the building has to be safe, the work has to get done, and with the right questions and a level head, you can make sure the assessment was properly passed for necessary expenses and hopefully find a way to pay.
A silver lining will be that when the repairs are completed, your apartment will be worth significantly more than it was before the process.
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