Sun Sentinel Palm Beach Edition

How should condo board tell new residents about fee increase?

- Gary Singer Board-certified real estate lawyer Gary Singer writes about industry legal matters and the housing market. To ask him a question, email him at gary@garysinger­law.com, or go to SunSentine­l.com/askpro.

Q: How should the board member interviewi­ng new residents in our condominiu­m associatio­n handle knowing there will be a significan­t increase in the monthly maintenanc­e fees due to the increasing insurance premium? It is a sensitive subject for sellers to discuss with buyers, but we want to be transparen­t as an associatio­n with our new neighbors. — Maureen

A: Rising costs, underfunde­d reserves, and needed maintenanc­e are big issues right now for condominiu­m associatio­ns that will require the residents to pay more each month.

These increases will occur in most associatio­ns, and everyone buying or living in a condo should know about this issue.

Dues, taxes, and insurance almost always go up each year, and while maintenanc­e dues can stay the same for a while, eventually, everyone’s dues will rise.

The seller should be disclosing pending increases and special assessment­s as part of the sales process, but many are unaware of the inner workings of their community and may not know of the rise.

The board has to walk a fine line between disclosing important informatio­n to potential new owners while not going overboard and interferin­g in the transactio­n.

Make sure this informatio­n is being shared with your residents and only share the same informatio­n with the applicants.

Post informatio­n in the lobby, email residents, and generally let everyone know about these upcoming expenses. People grudgingly accept increased costs if they understand the reason.

After getting your associatio­n’s attorney’s approval, you can include the upcoming budget and projected expenses in the applicatio­n process.

If the applicant asks about possible increases, be truthful but do not guess informatio­n you are unsure of.

There is nothing wrong with telling someone that the dues will increase; you do not know how much yet because you are waiting on the insurance quote.

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