Condominium owners often pay association fees that fund the maintenance and operation of shared property areas. However, there are times when these fees may seem unfair, either because of their amount or how they are used. Owners who believe their fees are unreasonable have legal options to challenge these charges.
Understand the governing documents
Every condominium association operates under a set of governing documents, including the declaration, bylaws, and rules. These documents outline how fees are calculated and what they cover. If the fees appear too high or are being allocated incorrectly, owners should first review these documents. Any discrepancy or violation of the established rules could be a strong foundation for challenging the fees.
Request transparency from the board
Condominium associations are obligated to operate transparently. Owners can request a breakdown of the association’s budget and ask for an explanation of how fees are determined. If the association refuses to provide this information or the details seem unclear, it may be an indication that the fees are not being properly justified.
Attend association meetings
Participating in association meetings provides owners with the opportunity to voice concerns and ask questions directly to board members. These meetings are typically where fee changes or increases are discussed. If the board refuses to provide adequate explanations or fails to offer a reasonable justification, owners can rally other residents to push for a vote on reducing or reassessing the fees.
Seek legal advice or file a complaint
If direct efforts to resolve the issue with the association fail, condominium owners may need to consult a real estate attorney. An attorney can help determine if the fees are in violation of state laws or the governing documents. If necessary, they can also help file a complaint with the state’s department of consumer affairs or take legal action to challenge the fees.