My Landlord Is Not Paying His Association Fees

My Landlord is not paying his association fees!

Your landlord has stopped paying his monthly maintenance / association / fees and the association is contacting you.  From the onset of the foreclosure crisis we have been hearing this exact complaint. We have seen association limit the tenant’s right to use common area elements (pool, gym, parking, etc) or make claim on the rent payment normally due to the landlord; primarily because the association dues are not being paid by the landlord.

Well to be honest; your suspensions are probably correct; yes you have been paying your rent and your landlord has been pocketing the money and not paying his monthly maintenance dues and more than likely he is not paying the taxes on the property nor the mortgage.

So where does that leave you.

As far as the mortgage is concerned you are probable protected under the Protecting Tenants at Foreclosure Act 2009. But this blog is not about the mortgage it is about you not being to use the pool or the gym, etc because your landlord has decided not to pay the monthly dues.

Most condo boards are now requiring an addendum to be signed prior to occupancy which addresses this exact issue.  The addendum;  basically give the board the right to make demand that the tenant pay the condo board directly in the event the landlord does not meet their financial obligation to the board. This usually works out fine as the tenant simply pays the board and is unaffected otherwise, except for the initial shock of receiving a strange letter stating that this is occurring. However, I would certainly recommend addressing the issue with the landlord directly.  Also, do not pay the association directly unless it is in writing, by the addendum or you have received instructions directly from the association attorney.

If there is no addendum in place for such an event I would strongly recommend seeking legal advice, should your rights as a tenant be infringed upon.

If the issue cannot be resolved quickly lease termination options should be explored; again with the help of a legal advisor. Once you find the next property be sure to ask your real estate agent to search public records for foreclosures on the property or other liens and ask the condo board what their procedures are in the event of default prior to entering into a lease.