Condo Law

What do you mean by "condo committee"? If you mean a small group that represents the totality of the owners, the answer is "no". If you mean the owners meeting as an assembly of owners, the answer is "yes".

I'm on the board of directors in the condominium where I live and we have been working with Fabio this year on a complete revision of our condominium rules. Therefore I know that if a disgruntled owner were to challenge an assessment approved by a majority of those participating in a properly constituted assembly of owners the disgruntled owner would lose. But if the assessment was levied by a small committee, the disgruntled owner would win....unless an assembly of owners approved the assessment before the matter was heard by the courts.

I'll be as interested as you in Fabio's answer.

Depending on what is in your condominium rules, it is possible to put a lien on your property if you don't pay assessments. The condo law says that decisions of the assembly re fees and assessments are binding on all owners.

Given your health situation, I wouldn't think they would take action against you if you sent a message explaining why payment will be late.

If you are determined not to pay, then get a lawyer who knows condo law and have him go over the record. Condos are not always careful validating proxies, following the law with respect to notice of meeting, etc, etc. Also have him look at the condo rules. You may find more than enough to invalidate the vote on this matter. Don't just get any lawyer, get one who really knows condo law. Fabio is one, there aren't many others to choose from in the DR.

What is in the minutes? Perhaps the assembly agreed on a list of projects with the administrator to get prices and assess the owners.

Fabio may see it differently, but to me it sounds like you will have to pay unless you want to investigate the possibility of irregularities in the meeting. The minutes seem to indicate that the matter was discussed in detail and that a majority voted in favor of going ahead with the work. The condo law is clear that a decision of the assembly is binding on all owners, even those who are opposed.

in my building we make it a point to budget in advance for repair........as all repairs are unexpected.............i pay my monthly fee and know for sure how much our manager has in the rainy day fund.........i think that as a group we try to keep about 10% aside per month so we don't get surprises........so i would take issue with those in charge as to why they are not doing this.......what sucks for me is that our fee is based on the square meters of the unit, i have the penthouse, i pay 3x as much as some but have only 1 vote...................

in my building we make it a point to budget in advance for repair........as all repairs are unexpected.............i pay my monthly fee and know for sure how much our manager has in the rainy day fund.........i think that as a group we try to keep about 10% aside per month so we don't get surprises........so i would take issue with those in charge as to why they are not doing this.......what sucks for me is that our fee is based on the square meters of the unit, i have the penthouse, i pay 3x as much as some but have only 1 vote...................

If the $1000 assessment was approved by validly-held meeting of the owners, then you?ll have to pay. If you don?t, the condo may put a lien on your property.