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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118272
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I just know found out that we are paying service that we are

Customer Question

I just know found out that we are paying for a service that we are not receiving though our HOAs. We've owned our condo for just under 6 years and put it up on the market and found out that we pay for a sprinkler system that isn't even in our building. Is it legal for them to make us pay for a service that we don't get? And if so , would we be able to make them pay back the other 5 years we have been paying?
Thanks!
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You need to check the bylaws though, because if they are billing for a sprinkler system in general that may be other buildings and sharing the costs by all of the owners, that is what can happen in an HOA and you would have to argue that the sprinkler was a limited common element, not a common element, and as such should be paid for only by owners in buildings where it exists.
If they were charging you for something that was not a common element and is a limited common element you do not have, you need to put them on notice that you do not have something in your building that they were billing you for having and as such you are seeking a refund of those funds. If they refuse you would have to add up what you paid and seek to take them to court for the money due.