Is it true thata condo association cannot collect condo dues until the condo community is 51% owner occupied?

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Is it true thata condo association cannot collect condo dues until the condo community is 51% owner occupied?

I purchased this home 3 years ago. The seller stated that he would waive the condo fee for 1 year. But since the year is over, I have inquired about paying and have been informed that they can not collect them anyway since the community is not 51% owner occupied. I just want to make sure a lien will not be placed on my home due to the fees not being collected.

Asked on February 29, 2012 under Real Estate Law, Maryland

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Whether or not the homeowner's association is entitled to collect association dues until a certain percentage of the complex is occupied depends upon what the recorded convenants, consitions and restrictions state on your home. As such, I recommend that you carefully read this document as a starter to assist in getting your question answered.

If there are association regulations in place as well, you need to read these for the obligation by you to pay association dues. In essence, the written documents in place as to your unit will control your obligation to pay association dues and be obligated on a lien or not for them.


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