Q: I live in a community where membership in a golf club is compulsory. I pay dues to my association and to the club. If I stop paying the club but continue to pay the association, can my house be pledged? If so, can I be foreclosed? — Bruce
A: Condominium and condominium communities with a club can be formed in different ways. The answer to your question will depend on the structure of your community.
You will need to consult the declaration and association documents, including those of the club, to find out how yours is constituted and what the powers of the association and the club are.
Most community associations have the right to pledge and even seize your home for certain offences, such as non-payment of dues. Your documents may allow this recourse if you do not pay association dues, club dues, or both.
Perhaps the golf club is part of a master association whose rules cover your association and the club. If so, non-payment of golf club dues may result in foreclosure.
It is also possible that the golf club is directly owned by your association, which means that non-paying owners can be seized.
You might be dealing with a long-term recreational lease, where the lessor can enforce payment of dues through the corporation’s power to seize and seize.
There are also other more creative but less common ways that developers have come up with to ensure that a community’s facilities stay funded and operational.
When you review your community documents, you may find that the club is independent and cannot bind your house if you stop paying. However, they can always deny you the use of club facilities.
Dues can also pile up and come back to haunt you when you try to sell your home later.
Gary Singer, a board-certified real estate attorney, writes about industry legal issues and the housing market. To ask him a question, write to him at [email protected]or go to SunSentinel.com/askpro.