Question: I am part of a condo association that is having a problem collecting maintenance fees from a renter who won’t pay. Is there anything I can do?

Answer: Well, the problem may be that you’re looking in the wrong place. The responsibility for all the condo fees, maintenance, etc., lie with the unit’s owner, not the tenant. You need to follow the paper trail and look at the contracts.

We’re talking about two contracts here: first, the one between the unit’s owner and the condo association, in which the owner promises to pay his condo fee and any related expenses. And the second is the lease agreement between the unit’s owner and the tenant. If the lease says that the tenant is responsible for maintenance, then he has to pay it.

But that does not relieve the owner of his obligations to the condo association.

In short, the unit’s owner has to pay the condo association any fees it’s due. So take your issue to the owner of the condo — if he can then get that money from his tenant, great, if not then it’s still the owner’s responsibility to pay those fees.

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