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LawGirl, Lawyer
Category: Real Estate Law
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i own a condo and the trash chute has been broken for months

Resolved Question:

i own a condo and the trash chute has been broken for months can i with hold some of my monthly dues
Submitted: 6 years ago.
Category: Real Estate Law
Expert:  LawGirl replied 6 years ago.

Thank you for your question.

Whether you can withhold monthly dues from your HOA really depends on whether the Bylaws allow for this type of self-help. Generally speaking Bylaws probably do not allow this remedy and instead allow you the ability to speak out at a monthly or quarterly basis. If this is the case, you will likely need to pay your HOA dues and be current so the association does not take adverse action against you. To the extent that the Board is not ensuring the property is being maintained correctly your recourse would be to address this through meetings or politically when voting on board members and/or matters concerning the property.

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