Objecting to Exorbitant Dues Fees: Your Rights and Steps
As apartment or site residents, we have the right to expect dues to be kept at reasonable levels. Unfortunately, in some cases, dues costs can reach exorbitant levels, creating a significant burden for residents. In such cases, if you think the dues fee is excessive, you have the opportunity to object using your legal rights.
What is Exorbitant Dues Fee?
Exorbitant membership fees can be defined as fees exceeding what is necessary to meet the needs of the building and site. When evaluating whether the dues fee is exorbitant, the following factors should be taken into consideration:
Expenses of the building and the site: Expenses are the most important factor in determining the dues fee. Expense items include items such as administrative expenses, cleaning expenses, repair expenses, heating and lighting expenses. The dues fee must be at a level that covers these expenses.
Size of the building and site: Dues fees will naturally be higher in larger buildings and sites. However, the dues fee must increase in proportion to the size of the building.
Services offered: The services offered in return for the dues fee should also be taken into consideration. For example, membership fees may be higher in buildings that provide additional services such as security service or pool service.
How to Object to Exorbitant Dues Fee?
If you think that the dues fee is excessive, you have the opportunity to object using your legal rights. You can follow these steps during the objection process:
Meeting with the Condominium Board: The first step is to meet with the Condominium Board and try to understand why the dues fee is high. During the interview, you can question the items on which the dues fee is determined and how much these items cost.
Collecting Required Documents: After your meeting with the Flat Ownership Board, start collecting documents showing that the dues fee is exorbitant. These documents may include documents such as dues receipts, invoices for building expenses, and decisions of the Condominium Board.
Application to the Civil Court of Peace: If the problem cannot be resolved after your meeting with the Flat Ownership Board, you can apply to the Civil Court of Peace and file a lawsuit for the cancellation or reduction of the membership fee. In your petition, you must explain in detail why the dues fee is exorbitant and your evidence on this matter.
Things to Consider About Exorbitant Dues Fees
Some important points to consider when objecting to exorbitant membership fees are:
Pay Attention to the Legal Period: If you think that the dues fee is exorbitant, you should pay attention to the legal period for applying to the Civil Court of Peace. This period is 1 month from the date of notification of the dues fee.
Importance of Evidence: When filing a lawsuit, it is important to collect and present evidence showing that the dues fee is exorbitant. These evidence may include documents such as dues receipts, invoices for building expenses, and decisions of the Condominium Board.
Expert Support: It will be beneficial to get legal support from a lawyer in the process of objecting to the exorbitant fee fee. The lawyer can inform you about your legal rights and assist you in the litigation process.
