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TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 12365
Experience:  JD, MBA
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This is a condominium question. We are challenging a

Customer Question

this is a condominium question. We are challenging a recently imposed "common expense assessment".
We understand the need for assessments in terms of "services" which have been, until recently, those activities carried out in the common areas and that benefit common needs i.e. snow removal, pool and general maintenance, laundry facilities, garage cleaning, etc. Recently the board has decided to add an assessment for a single Cable company (RCN) to serve all units. We already have a contractual agreement with Comcast as our cable provider. The Board says it makes no difference "you must pay the assessment for RCN whether or not they provide the service." We are currently bound to pay to Cable companies - one that we has been serving us for 15 years. We say this sets a precedent for other imposed board selected "services" such as cleaning, heating and AC, remodeling, painting/decorating etc.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  TJ, Esq. replied 1 year ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

I'm sorry to say that if the board has opted to impose the assessment, then you must pay. A condo association is a democracy, and apparently a majority of condo owners has determined that it is in the owners' best interests to use RCN for everybody. There is no legal action that you can take to challenge the assessment. Accordingly, your recourse is to either (1) convince the board to change it's mind (which may include simply voting out that board and voting in a new board), or (2) moving to a condo building that shares your beliefs with regard to the owners' individual choices for services like cable.

I am truly sorry that my answer is bad news for you, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than an honest response. However, if your concerns were not satisfactorily addressed, then please let me know, and I will be happy to clarify my answer.

Expert:  TJ, Esq. replied 1 year ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating to close out this question (and please remember that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!