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  #1  
Old 02-24-2008, 07:35 PM
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Abuela Level 2 Abuela Level 2 (128)
Default Condo Law

Are developers required by law to pay association fees on unsold units once an association is formed?
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  #2  
Old 02-24-2008, 07:47 PM
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Rocky Level 8 Rocky Level 8 Rocky Level 8 Rocky Level 8 Rocky Level 8 Rocky Level 8 (663)
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Quote:
Originally Posted by Abuela View Post
Are developers required by law to pay association fees on unsold units once an association is formed?
Not likely, unless they have people living in there.
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  #3  
Old 02-25-2008, 10:40 AM
Tor Tor is offline
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Isn't it the ownership that counts, and not if you are living there or not ?
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  #4  
Old 02-25-2008, 10:55 AM
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Rocky Level 8 Rocky Level 8 Rocky Level 8 Rocky Level 8 Rocky Level 8 Rocky Level 8 (663)
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Originally Posted by Tor View Post
Isn't it the ownership that counts, and not if you are living there or not ?
Yes, I would agree, but the OP is talking about the developers.
Surely they wouldn't be expected to pay condo fees on units they have not yet sold.
If there is a special "law" in the condo rules that says they have to, then so be it.
If not, one would have to refer to standard condo association "laws/rules", IMHO.
A good civil lawyer would know for sure.
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Old 02-25-2008, 03:58 PM
Ken Ken is offline
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Wait for Fabio's reply. That is the only answer that counts.
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  #6  
Old 02-27-2008, 12:41 PM
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Fabio J. Guzman Level 4 Fabio J. Guzman Level 4 Fabio J. Guzman Level 4 (250)
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It depends on what the condo regulations say. If the developer gets good counsel, there will be a provision in the regulations stating that he or she will not have to pay maintenance fees for unsold units. Otherwise, the developer will have to pay since the general rule is that common expenses should be divided up among all the owners.
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  #7  
Old 03-12-2008, 09:04 PM
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bart6 Level 1 (10)
Default bylaws

assuming there is no such provision in the bylaws then the developer who owns the unit is legally required to pay the maintenance from the time the association is formed. Correct?

would it be correct to say that every owner is bound by the bylaws including the developer and that nothing supersedes the bylaws.
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  #8  
Old 03-13-2008, 12:57 PM
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Fabio J. Guzman Level 4 Fabio J. Guzman Level 4 Fabio J. Guzman Level 4 (250)
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That is correct. Only Condominium Law #5038 may supersede the bylaws in matters of public order. The issue at hand is not mentioned in the Condo Law.
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