Q: In our rental, all of the models have two bedrooms, however some are barely bigger and pay $40 extra in month-to-month upkeep. Ours is among the smaller models however is listed within the rental paperwork as a bigger one. We’ve been paying the lesser quantity, and the affiliation has cashed the checks whereas telling us we have to pay the distinction. Now they’re threatening us with curiosity and late charges. What can we do? —Ron
A: For now, not less than, it’s essential pay the quantities in your condominium’s declaration. By not paying the desired quantity every month, you might be subjecting your self to late charges, curiosity and even doable authorized motion by your group.
When individuals short-pay their affiliation, it’ll settle for the fee and apply it to delinquent balances, prices and curiosity earlier than the present month.
The test you write this month is getting used for the older, excellent prices, making your delinquency develop. This causes your debt to snowball, particularly when your group’s attorneys are introduced in to gather. You’ll have to pay their charges too.
I perceive the intuition to face up for your self, however like most issues, there’s a proper and mistaken option to do it. You can not withhold dues, even partially, since you disagree with one thing the affiliation does.
Merely ignoring the foundations, even when they’re mistaken, and doing your personal factor is certain to make issues worse.
I as soon as noticed somebody lose their rental to foreclosures over what began as a disagreement over $6 of upkeep dues and spiraled uncontrolled 12 months after 12 months.
It’s essential pay the quantity in your rental paperwork whereas fixing the issue.
You’ll need to show to your group that the rental docs are mistaken. Chances are you’ll want to rent knowledgeable to measure and report on the precise dimension of your unit.
As soon as your group is aware of of the error, a vote by the vast majority of the unit homeowners can right it.
When that occurs, you ought to be entitled to a refund of the overpayments.
Gary M. Singer is a Florida lawyer and board-certified as an skilled in actual property legislation by the Florida Bar. He practices actual property, enterprise litigation and contract legislation from his workplace in Dawn, Fla. He’s the chairman of the Actual Property Part of the Broward County Bar Affiliation and is a co-host of the weekly radio present Authorized Information and Evaluation. He ceaselessly consults on common actual property issues and tendencies in Florida with varied corporations throughout the nation. Ship him questions on-line at www.sunsentinel.com/askpro or comply with him on Twitter @GarySingerLaw.