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Condo Owners Now Have Another Defense To Association Collection

A recent Appellate Court decision gives condo owners another defense to collection actions from their associations. Now, like a regular eviction, condo owners may claim that they are not required to pay their association dues because of the poor condition of the condominium complex. The association attempted to evict the owner for non-payment of assessments, but the owner claimed that the building was poorly maintained and, as a result, her unit flooded causing interior damage. She claimed that the association was aware of the failing brickwork, but did nothing to correct it. Since the condominium declaration required the association to use the assessments to keep the property in good repair, the appellate court allowed the defense.

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