Underpaid and Overpaid Assessments After Remeasurement

Question:

Hello, I have a question regarding association dues and square footage of units. My association was formed in the 1970’s and went from co-op to condominium. At that time they had a surveyor come and measure square footage for each unit which would then be the basis for the monthly dues which include heat. Fast forward to 2023 and an owner who has owned since the switch from co-op, decided to review some figures on square footage and came up with different calculation. He believes that over the past 30 years he has paid $1,000.00 more on dues than he should have. Our documents specify that storage units were included in the calculations, but another tenant believes that still doesn’t account for the possible miscalculations. What can we do about this that won’t cost a fortune? Do we owe back dues? What about the people who paid too little? Any suggestions?

We have 20 units total.

Thank you,

– Deborah

 

Answer:

Hi Deborah,

Kindly review the governing documents and their specific wording to verify how assessments should be allocated. They may be computed based on the unit sizes, but provisions may also indicate allocations based on access to limited common elements. You may also review the annual budget to verify how much each unit owner must pay to cover the cost of common area maintenance and community services.

Once verified, it may be wise to hire a professional surveyor to provide you with an updated measurement of each unit, including storage units. If there are disparities, the association may consider crediting overpaid amounts, arranging reimbursements, and adding unpaid amounts to future assessments. It’s also best to consult a legal professional to understand your obligations and guide you on your next steps.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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