Owners Pay Assessments – Not Maintenance Fees or Dues! By: Nick Meinert

The Ohio Condominium Act and Ohio Planned Community Act both require that associations “collect assessments for common expenses” from the owners.  Annual assessments, monthly assessments, special assessments, and enforcements assessments are all legally referred to as assessments.  Despite this statutory assessment authority, many associations still improperly refer to their assessments as “maintenance fees” or “dues.”  As neither of these terms appear in Ohio statutes, boards should always use the proper terminology, “assessments.”  Do not allow an owner to frustrate the association’s collection of assessments alleging that the association has no legal authority to collect “dues” or “maintenance fees.” 

Association monies are expended on numerous items such as management and insurance that are not “maintenance” related.  Therefore, “maintenance fees” is not proper terminology.  Furthermore, referring to assessments as “dues” gives owners an inference that they may opt out of membership by not paying.  Clearly, “dues” and “maintenance fees” are not proper terminology.  Boards should always use the proper terminology, “assessments.”

Categories

Three bars icon gold

Recent blog Posts

Three bars icon gold

Three Kaman & Cusimano Partners recognized as Super Lawyers and one recognized as a Rising Star

Kaman & Cusimano is proud to announce that Partners Joseph J. Cusimano,  Darcy Mehling Good, ...
Read More →

CTA Update!

We end 2024 and begin 2025 with yet another Corporate Transparency Act update!  The full ...
Read More →

Valerie Brown and Lucas England admitted to practice in Kentucky

We are excited to announce that Valerie Brown has been admitted to practice law in ...
Read More →

Jay Cusimano, Managing Partner, has successfully completed the EOS Integrator Masterclass

Jay Cusimano, Managing Partner, has successfully completed the EOS Integrator Masterclass by completing 10+ hours ...
Read More →