Dining Rooms and Condominium Fees

Dear Betty,
I bought a condo 3 years ago with a dining room in an age 60 plus building. Am supposed to spend money every month in the dining room, which I did for a a good length of time. The food was awful. They have had several caterers since. Also, the meals were very small so I ordered two at a time. With my failing health I started having them delivered to my suite. They balked at that despite knowing that I have arthritis in my leg and am unable to walk sometimes for two or three days. I am on a special diet now and have not used the dining room for over a year. The Board Director are billing me for about $?/?@@ in back fees. I have ignored letters from the condo Board of Directors as I am living on small pension. I would never be able to pay this bill. I don't believe the law can make me pay for food I can't eat. What would be your advice? I cannot afford a lawyer and have no living family.

AP

Answer

Dear AP
Thank you for submitting your question. You are not the first to find themselves in this dilemma. Unfortunately there are a few issues here that need to be considered. In cases like these it is always best to hire legal council.

First, if you knew about the benefit of the dining room and agreed to this arrangement of having food prepared by the kitchen during the purchase of the condominium, then you are bound to pay the fees for the meals, despite your enjoying them. It is prudent that you inform the Board of Directors of your dissatisfaction with the portions and that you did not care for the food, but this does not mean you are exempt from keeping your agreement. It would be a good idea to look over the information you were provided when you purchased. If this relationship with the dining room is part of the commitment you made as an owner, then you are obligated to pay your share of the costs, as set by the Board of Directors. In a condominium in Alberta, and owner cannot withhold paying their contributions and a Board of Directors cannot withhold services. Ultimately, when and owner does not pay their share of the contributions in a timely manner, the Board of Directors has the authority to foreclose on the unit and collect the outstanding contributions.

I realize that this is not easy when you are living on a pension. This is why these issues need to be clearly understood when selecting if the condominium home is the right one for you. In this case I suggest you revisit the documents you received when you purchased your unit or ask the Board prove that they have the right to charge for the meals as a part of the condominium operation.

Once the proof that they have the right to charge for these meals has been obtained, I suggest you make payment arrangements to catch up your arrears and keep them current in the future. If you feel the charges are unreasonable, you have the option of filing a claim in Small Claims Court. Be sure to understand that if the Court rules in favour of the condominium you could end up paying their costs to defend the claim.

I hope this is helpful and suggest you seek legal council before withholding your contributions.

Sincerely,
Betty's Condo Owners Club