Q&A – Reduction of Debt

Q. We have a unit that is $17,000 in arrears on their maintenance dues.  Our attorney is moving forward in foreclosing on the unit (as well as the bank).  The owner has asked the Association to consider reducing the debt and the board has stated that they aren’t interested in doing so; however, our attorney has alluded to possibly considering this request.  We are wondering if it is allowable for the Association to do this?

A.  The issue you’re asking about is one that we hear quite often. I know that it makes sense to try to make a deal for the benefit of the owner and the Association, but the condominium statute states that you may not reduce an assessment for one owner, unless you reduce it for all owners. For this reason, if you give a reduction to the owner in question, you must do something similar for every other owner, and obviously that does not work.