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Michael Gonzalez
Michael Gonzalez, Lawyer
Category: Real Estate Law
Satisfied Customers: 60
Experience:  Managing Member at Perez-Mena & Gonzalez, LLC
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I live in a condo and just recently paid it off. I am

Customer Question

I live in a condo and just recently paid it off. I am wondering if I could get a break on the
association fee of 172 a month. It just keeps getting higher and higher and has had 5 new
associations since I have lived here. can you help me.?
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Michael Gonzalez replied 6 months ago.

Hello and welcome to JustAnswer.

Two legal concepts that may be applicable to your situation are those of waiver and selective enforcement of covenants and rules. Your condo association has rules, of course, that your unit-owners, shareholders and other residents must follow. Selective enforcement means that you cannot selectively enforce a rule against one resident and ignore the same violation by another resident, or the enforcement is invalid. If a board ignores a rule violation that is open and obvious for a significant amount of time, then you have "waived" the right to enforce the rule against that unit owner and, by extension, against anyone in the community.

I highly doubt that the Association will give you a "break" on the association fee. The Association cannot selective enforce assessment fees for one unit over other units. This may subject the Association to this claim from the other unit owners.

Please consult a local attorney to protect your interests.

Expert:  Michael Gonzalez replied 6 months ago.

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer – otherwise, I receive nothing for my efforts in your behalf.

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