Can a time-share company arbitrarily add a non-contracted “special assessment” fee?

I own a time share in a condo. This has been totally paid for for several years, and according to our contract, we pay a yearly maintenance fee. Now, the company has contacted us and has added a “special assessment fee” of almost twice what we just paid for our yearly maintenance fee. Is this legal since it is not in our contract?

Asked on March 10, 2011 under Real Estate Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You hit on one of the key points here: your contract.  Are you sure that there is no provision that allows for a special assessment?  Is there any provision regarding the passing of a new assessment and the rules for compliance?  Is it governed under the general rules of the condo association?  Did they in fact comply with the rules for assessment?  You really need to bring your contract and all the paperwork regarding the condo to an attorney to review on your behalf.  It is very difficult in this type of forum to give any guidance on the matter as the paperwork is so important to the disposition of the issue at hand.  And if they are doing something against the grain of the law then they need to be called on the carpet for it.  Good luck.


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