Q We owned a condo in an association for eight years. At the end of 2014, we decided to upgrade, and sold our two (2) bedroom and purchased a three (3) bedroom unit (within 7 days) in the same association. The association assessed us a move-in fee of $500 at settlement. We disputed it at that time, but the association refused to remove it from the settlement fee notice and our choices, as presented by our title company, were to pay it or postpone settlement. We paid it and settled. Afterward, upon checking our master deed, bylaws and rules & regulations, we found only one rule referencing a move-in fee to be assessed to any owner who leased their unit. In accordance with the rules and regulations, page 32, LEASING UNITS, Section 1, subsection B, it specifically states:
".. . .the unit owner shall deliver to the management office a check for $200 representing a "move in-fee" payable to . . .and must be received prior to occupancy by the tenant of the leased unit."
We requested our money back based on this rule, as we do not rent our unit, and were told that a resolution, passed by the board a few years back, increasing the amount from $200 to $500 gave them the authority to collect this fee from ALL new owners as well as existing owners. Here is the wording: "Be it resolved that X Association Board of Directors has set the move-in fee at $500. This is effective immediately except for those units under an agreement of sale and scheduled for settlement who will be paying the previous $200."
We don't feel this resolution gives them authority to collect this from new or existing owners as no new language was added to now include those two classes of condo owners. We then asked for a list of services provided to us for this fee and they were and still are unable to identify even one.
My questions are as follows: Do we have any legal standing or recourse to get this money back?