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Q&A: Can Condo Owners Withhold Dues to Force Board Action?

Just after a popular employee was laid off, a team of “maverick owners” decided to withhold their month-to-month dues right until he was hired back again. That is not permitted – ideal?

FORT LAUDERDALE, Fla. – Issue: Our condominium not too long ago enable go off a popular employee. Quite a few people are upset and want him rehired. They are threatening to withhold their month-to-month dues right until the board of administrators offers in to their needs. What is the most effective way to deal with these maverick owners? – John

Remedy: There is a ideal and erroneous way for device owners to tackle their grievances with their condominium affiliation.

Achieving out to the management business or attending the following board assembly are the two fantastic ways to remark or request concerns. Withholding their dues in protest is not an ideal approach of protest and can have critical repercussions.

The closest analogy would be not paying your cash flow taxes since you disagree with government coverage. It can be carried out but will end up hurting the protester although not changing the circumstance.

The most efficient route for a device proprietor to make a modify is by operating within just the principles or, if they are critical about it, managing for the board at the following election.

Even even though the board holds all the playing cards in your circumstance, it would be most effective to soothe issues in excess of rather than additional inflaming the circumstance. A peaceful discussion with the agitators or asserting the following assembly may possibly support, but make sure to test with the condo’s lawyer to affirm what you can say about the previous employee.

If this does not support, or the board does not sense at ease doing this, request the rental lawyer to tackle the difficulty. A letter describing the repercussions for not paying their dues and featuring an chance to have the grievances heard will typically do the trick.

If this fails and the device owners had been not bluffing, you will have to have to transform the issue in excess of for collections.

Missed dues will immediately direct to late expenses and lawyer fees that the proprietor will have to have to shell out or deal with feasible foreclosure.

About the writer: Gary M. Singer is a Florida lawyer and board-accredited as an specialist in authentic estate regulation by the Florida Bar. He methods authentic estate, small business litigation and contract regulation from his business office in Sunrise, Fla. He is the chairman of the True Estate Part of the Broward County Bar Association and is a co-host of the weekly radio display Legal News and Review. He frequently consults on common authentic estate issues and developments in Florida with various businesses across the country.

© 2020 Sunshine Sentinel (Fort Lauderdale, Fla.), Gary M. Singer. Distributed by Tribune Content Company, LLC.