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Paying maintenance for closed amenities

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sharona777

Junior Member
What is the name of your state?What is the name of your state?What is the name of your state? Florida

I bought my condo December 2003, shortly thereafter the association added a special assessment to the maintenance along side a "permanent" special assessment. It was not disclosed to me that the permanent sp assess was permanent when I bought the condo. Well, that is fine except I have now been paying maintenance for amenities that have been closed for over a year now. Mind you that the maintenance is high in this building and was not prorated when the pool,gym and game room (which are the only amemities I have here) closed. I have been unable to use these facilities since I moved in and am wondering if it is legal for them to continue to collect money for maintenance on these facilities when they are not maintaining them. They happen to be on the same floor and are simply "closed". There is no work or construction being done there and the building continues to keep them closed.
 


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seniorjudge

Guest
sharona777 said:
What is the name of your state?What is the name of your state?What is the name of your state? Florida

I bought my condo December 2003, shortly thereafter the association added a special assessment to the maintenance along side a "permanent" special assessment. It was not disclosed to me that the permanent sp assess was permanent when I bought the condo. Well, that is fine except I have now been paying maintenance for amenities that have been closed for over a year now. Mind you that the maintenance is high in this building and was not prorated when the pool,gym and game room (which are the only amemities I have here) closed. I have been unable to use these facilities since I moved in and am wondering if it is legal for them to continue to collect money for maintenance on these facilities when they are not maintaining them. They happen to be on the same floor and are simply "closed". There is no work or construction being done there and the building continues to keep them closed.

Q: am wondering if it is legal for them to continue to collect money for maintenance on these facilities when they are not maintaining them

A: What does the covenants and such say about this situation?
 

sharona777

Junior Member
I'm not sure what you mean? Do you mean the condo docs? There is nothing in the Condo docs that specifies this situation.
 
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seniorjudge

Guest
Q: I'm not sure what you mean? Do you mean the condo docs? There is nothing in the Condo docs that specifies this situation.

A: Then run for the board and get this situation remedied. Or get a lawyer and sue.
 

sharona777

Junior Member
We have a court appointed person who runs this condo. Our board of directors run by owners is powerless. My question was never answered. Is it legal for them to collect maintenance for facilities unaccessable and unmaintained?
 
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Some Random Guy

Senior Member
The first answer you received was on point and not a wisecrack: "What does the covenants and such say about this situation?"

If your condo documents say that they have the right to collect $1,000,000 per year and provide no services, then that's what you'll pay. If they say you get an olympic gym and personal massuese, that's what you should get.

We can't help you until you answer some of our questions by spending 15 minutes to figure out your situation.
 
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seniorjudge

Guest
sharona777 said:
This forum is useless unless you want wise cracks for answers!
I gave you two correct responses; if you do not want to share with us any more facts, you are not required to do so.
 

HomeGuru

Senior Member
sharona777 said:
This forum is useless unless you want wise cracks for answers!

**A: the answer is yes. If you READ your CC&R's you would cleary be on notice that the maintenance fees are not only payment for use of the amenities and upkeep.
There are HOA expenses such as insurance, operating expenses, acounting and legal fees, collection of reserves etc. READ your condo budget and reserve study first before companing about this forum. The answer that you seek is stated in the CC&R's.
 

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