Tk, Both Buyer and Seller in Miami Beach, FL

Should I have to pay maintenances fee for condos that is close over 2 years now?

Asked by Tk, Miami Beach, FL Wed Nov 4, 2009

I purchase a few units in 2006. Management company facilitate with renting the units and any maintenance that was needed for one year. I paid all my maintenance fees upfront and before the due date. The property management board when through some changes and the new members decided to shut down operation. I continue paying my maintenance fees for three months after and decided to stop since the units were not brining in any income. It became very challenging to continue paying for these units when I’m getting nothing out of them. The board of directors of the association are now pressuring me to pay all the past months, plus late payment, interest and whatever other expense they can think of. According to them my outstanding total is $15K. Please advice mean on what actions I can take? How is this possible to have to pay maintenance fee (that should have cover electricity, water, sewer, cable and common area expense) when the business was close?

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4
Your best bet is to consult with a Real Estate attorney who specializes in Condominiums. The attorney will need your contract documents.
1 vote Thank Flag Link Wed Nov 4, 2009
TK,
I worked as a an assitant property manager for a building in downtown miami and also have faced this situation as an owner of some rental units. You are responsible for the maintanance of the unit even if the units are not bringing income to cover the expence. If you think that you paid some months and the checks were cashed you need to bring copies of the cancelled checks to the management compnay to see what months that you did pay. Also you may ask them to see if the management company can waive the late fees and interest that are on your acount. If you are in a position that you cant afford the mortgage and maintance you may want to consider to short sale your property. If you would like more information on short sales you can click on the link below to find out more. Also if you have any questions regarding your situation please feel freee to call me during the week.
Thank You,
Claudio Rivero
0 votes Thank Flag Link Tue Jan 26, 2010
It sounds like your situation could be complicated. All condominium owners are obligated to pay the monthly condominium fees in order to maintain the building and services. Many associations are having problems- short-sales, foreclosures, etc.

After your initial year of waived fees, you are obligated to start paying- Yes, the association can place a lien on your unit and even attempt to foreclose. In the end- when you sell, those past due fees, maintenance and attorney fees will add up to a bundle and it will be more difficult to sell.
0 votes Thank Flag Link Sat Jan 23, 2010
Hi Tk,

Anna is correct. You should contact a real estate attorney and take your condominium documents with you. Otherwise, the condo association may be able to place a lien on the property and foreclose on your units.

I would be happy to recommend my father's office - McCollum & Cloud - the number is 863-385-5188. He's been a practicing real estate attorney in the state of Florida for over 30 years.

Best of luck,
Audra
0 votes Thank Flag Link Wed Jan 13, 2010
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