What are an owner’s rights if their condo burns down?

UPDATED: Jan 11, 2011

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What are an owner’s rights if their condo burns down?

Our condo burned to the ground over a year ago; not a brick has been moved. However, I’m still paying condo fees of $500; no reduction. Do I have a right for a reduction. If I am not using the gas, electric, water, trash etc, why is it that I have to pay for services not rendered? It’s 20 families that lost theirhomes. They still won’t tell use when construction will start.

Asked on January 11, 2011 under Real Estate Law, Maryland


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

Answered 12 years ago | Contributor

You must be very frustrated with all of this and to continue to pay the condo fees, well, it feels like they are adding insult to the injury, right?  But what you have to remember is that the fees are going not just for the maintenance of a building that does not require any maintenance but also the real estate taxes, etc., that you would still have to pay if your home was not a condo and burned down. What you are entitled to is an accounting of the money that is coming in and how it is paid out.  What will happen i am sure is that there will be a huge surplus in the fund and you may be entitled to an abatement once you move in.  Or if you prefer that now then you should request that the board hold a meeting to discuss the issue.  as for the rebuilding, you should get yourself a lawyer to inquire on your behalf.  It sounds like an unusually long time for all of this.  Good luck. 

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