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Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 34023
Experience:  30 years of real estate practice experience.
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Can a member of condo's association require an assessment to

Customer Question

Can a member of condo's association require an assessment to provide
work on balconies that are a danger to occupants....because majority
of board members don't want to spend any money
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Loren replied 1 year ago.

Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.

The member or members, in and of themselves, have no authority under the statutes to impose assessments on the association. That responsibility is reserved to the board, unless otherwise provided in the bylaws (and I have never seen any such bylaws in over 30 yrs of practice).

Presumably, the balconies will be classified as limited common elements, as is commonly done in the condo decs, and the association will have maintenance and administrative duties over the repair of such elements.

Therefore, a refusal to provide necessary maintenance would be a breach of the board's fiduciary duties and they could be sued for such a breach.

The other possibility is to seek a recall of the board and remove them for failure to discharge their required duties.

Expert:  Loren replied 1 year ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.