Disputes about the use of land Flashcards
Can a member of a common interest ownership community withhold payment of assessments?
A member of a common-interest ownership community, such as a condominium, is not entitled to withhold payment of assessments to set off against a default by the association in fulfilling its duties to the member.
What should the association fees be?
In general, an assessment that is uniformly applied to each member of a common-interest ownership community will be upheld as reasonable. However, it is possible that based on a significant difference in the size of the units in the condominium, the assessment of the same maintenance fee from each unit is unreasonable. Additionally, if the maintenance costs for the condominium are less than the amount assessed, it is likely that the assessment is unreasonable.
How can a member challenge an assessment fee?
A condominium board is required to follow the procedural rules that it has adopted. Because the board did not have a quorum at the meeting at which the amount of the monthly assessment was fixed, the owner can challenge the assessment as an ultra vires act that cannot be imposed unless and until it has been adopted at a meeting conducted in accord with the board’s own procedural rules.
What is variance?
When a property owner proposes to use her property in a manner that does not conform with the uses permitted by a zoning ordinance for the property, the owner should seek a variance from the zoning enforcement officer.
While a special use exemption may sometimes be sought as an alternative to a variance, a special use exemption requires the enumeration of the special use in the zoning ordinance as a use that can be permitted in a zone if a permit is obtained.
