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Editor: Stephen Clowney
Univ. of Kentucky College of Law

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Tuesday, January 22, 2013

Should an Unsatisfied Condo Owner Ever Stop Paying the Assessment Fee?

The Chicago Tribune's real estate expert offers his opinion in the case of a condo owner subjected to awful noise from a nearby elevator:

No! No! No! I cannot under any circumstances recommend that any homeowner in a community association, whether that be a condominium, a cooperative or in a homeowners association, withhold the assessment.

There are several reasons. First, you admit that this problem has been plaguing you for several years. If you suddenly decide to withhold your association assessments, I seriously doubt that a judge would be sympathetic. More importantly, as soon as you are delinquent, I suspect your association will start collection efforts, which can include filing a lawsuit against you. Once again, while you may have a legitimate concern, case law throughout this country makes it clear that a homeowner has an obligation to pay his assessment, regardless of any problems that the homeowner has.

Steve Clowney

http://lawprofessors.typepad.com/property/2013/01/should-an-unsatisfied-condo-owner-ever-stop-paying-the-assessment-fee.html

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