Half the Owners in Our Complex Have Stopped Paying Maintenance, and the Gate Is Broken

A reader writes:

I bought my townhouse eight years ago in a complex of fourteen units. It was well kept then. There was a gardener twice a month, the electric gate worked, and the common lights came on at night. I was proud of it. I worked two jobs to afford the deposit.

Over the last three years things have gone downhill. Several of the original owners sold or rented out their units, and a few people simply stopped paying the maintenance fees. At the last meeting the treasurer said that about half the units are behind, some by more than a year. The gate motor burned out in March and there is no money to fix it, so it stays open day and night. The gardener was let go. Last month the light by the car park went, and my daughter comes home late from work.

I am angry, if I am honest. I pay every month, on time, even when it is tight. Some of the people who don’t pay drive better cars than me. One neighbour told me to my face that he isn’t paying “for a gate that doesn’t work”, which is exactly why it doesn’t work. At the same time, I know one elderly lady two doors down is genuinely struggling since her husband died, and I don’t want her thrown out of her home.

The committee is three tired people, and one of them is behind on his own fees. I have thought about stopping my payments too, but that feels wrong. I have also thought about selling, but who will buy into a place looking like this? What can a single owner actually do?

— Paulette, St Andrew

Our response

Paulette, your frustration is completely understandable, and so is your compassion for your neighbour. Holding both is a sign of good character, not confusion. It is also worth saying clearly: you are right not to stop paying. Withholding fees would weaken your own position and speed up the decline you are trying to stop.

In most strata or condominium arrangements, the owners together form a corporation or association that is responsible for the common property and has powers to collect contributions. The exact rules depend on the law where you live and on your complex’s own by-laws, so the first step is to find out what yours say.

Some options and questions to consider:

• Get the documents. Ask for copies of the by-laws, the latest accounts, minutes of recent meetings and a list of arrears by unit (some corporations share this only in summary). Knowing the real figures helps everyone.
• Find out what collection steps are available. Strata bodies often have formal ways to recover unpaid contributions, which may include demand letters, interest, legal action or charges on the unit. An attorney-at-law familiar with strata matters, or the relevant strata or condominium authority where you live, can explain what applies to your complex.
• Strengthen the committee. Three tired people cannot rescue a complex alone. Could you, and perhaps one or two other paying owners, stand for the committee or offer specific help, such as chasing quotes or drafting letters? A committee member in arrears may also be something the by-laws address.
• Consider a managing agent. Some complexes appoint a professional property manager to handle collections and maintenance. It costs money, but it removes the personal awkwardness between neighbours.
• Separate the struggling from the unwilling. Your elderly neighbour’s situation is different from the man who refuses on principle. Many corporations can agree payment plans for owners in genuine hardship. Treating people differently according to circumstances, fairly and transparently, is not favouritism.
• Fix the most important thing first. If funds allow only one repair, lighting and security may matter more than landscaping. Visible progress can encourage others to start paying again.

You might also call a special general meeting with a clear agenda: the state of the accounts, the arrears, the urgent repairs and a proposed plan. Invite tenants’ landlords as well, because they are the owners responsible for the fees. People are sometimes more willing to act when the whole picture is laid out plainly and calmly.

As for your anger, it is fair. Scripture is clear that we should not withhold what is due to others when it is in our power to pay (Proverbs 3:27), and your neighbours are falling short of that. But it may help to direct that energy into steady, lawful action rather than confrontations at the car park. You are not responsible for every neighbour’s choices. You are responsible for being faithful yourself and for using the proper channels well.

On selling, get advice from a reputable real estate agent before deciding. A complex with a credible recovery plan can look very different to a buyer from one with no plan at all.

This article is general information only and is not financial, legal, tax or other professional advice. Please speak to a qualified professional about your own circumstances.

Reader letters may be edited for length and clarity, and names and identifying details are changed.

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