Can a resident be responsible for paying dues of residents who have failed to pay their association dues?

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Can a resident be responsible for paying dues of residents who have failed to pay their association dues?

My condo associationis mandating that every resident pay a one time $200 extra because #1 unexpected weather conditions that exceeded budget (which I can agree with) and #2 paying for other residents’ failure to pay their due. The association says they are going through Collections for these people but I don’t think this is fair and I want to know if it is legal and if I have a say about it. I work hard to make sure I pay my bills. I don’t think I should be responsible for others.

Asked on May 7, 2011 under Real Estate Law, New Jersey

Answers:

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

Answered 10 years ago | Contributor

One would have to read the referendum adding the money and to see really for what purpose the money is intended.  Although you may think that it is paying for the dues of those that have not paid it could actually be paying for the fees associated with collecting the dues that they have not paid.  Collection agencies and collection attorneys generally work on a percentage of collection basis as a fee but not always.  And the costs - postage, court fees, etc. - are not included in that percentage.  Additionally, as long as they are passing things legally and by the by laws you may have a problem but you always have the right to challenge,  Good luck.


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