Full question:
I live in PA and my condo association is in charge of the exterior of the buildings. Due to a faulty roof water leaked into my house and resulted in $3,000 in repairs that I paid out of pocket. I was told I would be reimbursed for the expense of the drywall damages ($800). I was just told, months later, that the board has voted against my reimbursement. Can I withhold my association fees in an escrow account until they hold up their end of the deal? Or will a lien be placed on my house?
- Category: Real Property
- Subcategory: Homeowner's Association
- Date:
- State: Pennsylvania
Answer:
The responsibility of the condo association typically includes maintaining common areas, which often extends to the exterior of buildings. If the association was negligent in addressing a known leak, they may be liable for the damages within your unit.
However, it's important to note that condo owners are generally required to pay their association fees, regardless of disputes over repairs or reimbursements. Unlike some rental agreements, Pennsylvania law does not allow withholding of condo fees in response to dissatisfaction with the association's actions.
If you fail to pay your fees, the association can impose a lien on your property. According to Pennsylvania law, the association has a lien on a unit for any unpaid assessments or fines, which can lead to foreclosure if not addressed (Pa. Stat. § 3315).
To resolve your issue, consider other avenues for addressing your grievances with the board rather than withholding payments.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.