Benny L. Kass Mailbag

Several options exist to unload condominium Q:I am paying a mortgage on a condo in South Carolina that I no longer live in. It has been for sale for almost a year.

Shortly after putting it on the market, I had an offer, but the sale fell through because of problems with the community. The association's current management company is proposing $800,000 worth of improvements to the community and wanted to raise our fees to more than $500 per month.

I do not want to let the property go into foreclosure. I've thought of either signing over the condo to the association while I continue to pay the mortgage or donating the condo to a charity. I just want to get rid of the condo (even if it means I continue to pay the mortgage) and not have to deal with the fee or any future assessments or property taxes.

Can you give me any advice?-- Sharon

Answer: It will not be a consolation to you, but unfortunately, you are not alone. I am hearing the same issues from many condo owners.

I understand that the association may be broke, but increasing condo fees will lead only to more delinquencies -- and even less money for the association. Was the increase properly approved by the board? Did they follow the rules spelled out in your condominium legal documents? You should consult a local attorney on this issue.

Have you talked with the board? Perhaps you should try to organize a group of concerned owners and sit down with the board. There are ways to trim expenses.

If you cannot convince the board that they are making a big financial mistake, you have several options. If the association agrees (which I doubt they will), you can give the unit to the association. You can try to give it to a charity, but again, you will need its consent. The charity may be interested, but probably only if you agree to pay the condo fees and the real estate tax at least until the organization can sell the property.

You could also consider selling the unit at a fire sale, just to get rid of it. Before you do this, however, explain to the board of directors that you don't want to do this but may have no alternative if they don't reconsider the fee increase.

Benny L. Kass is a practicing attorney in Washington. Questions for this column can be submitted to .