What is the legal action on not paying association dues?

Im in the process of a short sale, which if unsuccessful, will lead to foreclosure. I have stopped paying the mortgage and vacated the property. Do I need to still pay association dues until foreclosure?

Asked on June 8, 2009 under Real Estate Law, Illinois

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The association dues and the mortgage are two separate contracts. You while still the owner of the property are still responsible for payment of the dues. Lack of payment could potentially lead to them pursuing collection of them legally.

of course you can review your manual to see if your specific association has any specific rules regarding situations such as yours because the general rule does not always apply, some associations have their own by laws that spell out how situations like this are handled

Short of such a clause my answer is yes you must continue to pay the dues. You can also always contact a local attorney who may have a better understanding in your area and can possibly offer advice on how to alleviate the financial burden


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