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Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37844
Experience:  16 years real estate, Realtor. Landlord 26 years
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I am on the Board of our condo Association which is

Customer Question

My name is***** and I am on the Board of our condo Association which is comprised of 16 stand alone units which we get dues from. My question is that we have had empty lots for the past approximately 8 years one of which is currently being built on, as a Board can we collect dues on vacant lots and when can you collect on a lot under construction? One other question, should a newly built condo be required to pay catch up dues on our reserves?
Thank you
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.


This is something that would be stated in your Bylaws as to when dues begin and if there are lower dues if there is not an actual occupied dwelling on the property.


But as a general rule, HOAs charge a lower fee for vacant lots and then make the cut off where it switches over to the higher rate when a certificate of occupancy is issued for any dwelling constructed on the property.


So you would have to look at your Bylaws as those are the laws that govern the development and control what the Board can and can't do with regard to fees and charges.


As for the catch up dues, I haven't seen that ever in Bylaws, and I tend to think that it wouldn't be something normal because most buyers wouldn't want to be hit for a big back due bill upon completion of their condo.