Are there limits on how much I can be charged for condo fees?
Yes, there are limits on how much you can be charged for condo fees in Texas. According to state law, a condominium association may not assess an owner more than 25 percent of the average monthly total operating expenses incurred by the association, or more than 45 percent of the average monthly budgeted total operating expenses. This limit applies to all charges, including regular and special assessments. In addition, the Association may not charge fees or assessments that are excessive, discriminatory, or unreasonable. What is considered excessive or unreasonable is determined on a case by case basis, taking into account any special circumstances that may apply. For instance, if a condo requires more maintenance than other condos in the area, the fees may be higher than usual. It is important to note that the Texas Condominium Act also sets forth provisions for the collection of any unpaid assessments and fees, including late charges, legal fees, and interest. If an owner fails to pay a fee or assessment, the association may institute legal proceedings to collect these charges. Overall, while there are limits on how much a condominium association can charge in Texas, it is important to be aware that these limits are only enforced when there is a valid reason for the charge. Therefore, it is important to review the association’s bylaws and other relevant documents to understand any assessments or fees you may be expected to pay.
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