Expert: Jessica Bryan - 10/18/2010

Question
I have recently (about 4 months ago) bought a condo and I knew that there was a Condo Fee that's attached to the unit. Which first I was told it's around $230 and after taking the possession I received a letter from the builder that I owe them $318 condo fees. Now, my problem is that the building is not completed (the recreation room and car wash bay, as mentioned before, is still not completed). I haven't paid the condo fees ever since I moved in. This is not because I don't want to pay, but because recreation room and car-wash bay still hasn't been completed (to me these two are important especially rec room/gym). Now, I asked the builder to provide me the list of things that our fees is going to be spent on along with a list of all the expenses. Also, I asked the builder to provide me with list of tenents who are actually paying the Maintenance fees and how much are they paying. My question is: Is this the right way of doing things? Am I entitled to all the information that I am asking the Builder? Builder also mentioned that they will lien my property if I don't pay the maintenance fees...can they do this?

Answer
Dear Nav;
There should have been a full disclosure given to you at closing. Did you have a closing attorney and if so you should contact the attorney immediately to discuss this with him/her.  There can be a lien placed on your property if you don't pay the fees but you should also have been given a document regarding the make up of the homeowner's association;the fees; the potential for fee increases; and finally what the fees cover.

Best wishes,
Jessica Bryan