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NCjack

(10,297 posts)
5. I am not a lawyer. Every state has unique condo laws.
Tue Mar 1, 2022, 08:08 PM
Mar 2022

I expect your issues are going to proceed this way.

You will ask the Board for a plain English explanation from the condo's attorney how your sidewalk is a limited common element, that you have to contribute to its repair/maintenance, but everyone can use it. Maybe you will get a detailed explanation, or the Board may suggest that you read your set of the condo documents. (The same for your curb issue.)

At this point, you have three courses of action:

1. Don't pay the assessment. The Board will fine you, and if you don't pay in-full, expect a property lien and later a court case. By the time all of this is settled, you will regret that you did not recognize this for it is: a business decision, not a struggle of right against wrong and finally justice.
2. Educate yourself about the information in the condo documents and your state's law on condos. Talk to people who have been involved for years in your condo's management. Maybe, the condo's attorney will give you a 2-minute explanation -- and I mean 2-minutes -- not more. If you cannot see it the way the Board does, remember: it's still a business decision. Accept that so many reasonable people understand and accept it, even if you don't. (If you go to court, that is a possible result.)
3. If you still believe that the Board is screwing you, consider getting a personal lawyer to press the issue with the Board and condo's attorney, even as far as a court case. Watch the costs, as you can end up screwing yourself in lawyer fees and a judgment in your lawsuit that goes against you. (If that happens, it was for you never a business decision. You would be happier owning a single dwelling house.)

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