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QUESTION/ANSWER BY JOHN H. GETTINGER, ESQ.

Question:

Can we charge a seller a fee for providing a letter certifying a declined right of first refusal?

Answer:

You need to review your by-laws. If they contain a provision which permits your condominium to charge an administrative fee, or to be reimbursed for its reasonable costs and expenses, in connection with the processing of the right of first refusal, then you can charge a fee. However, if it is not authorized by your by-laws, then you cannot charge a fee. If your condominium by-laws does not authorize the fee and your

board wants to charge a fee in the future, then it should cause for the by-laws to be amended by the unit owners to include a provision authorizing the imposition of administrative fee. It is not sufficient for the board to adopt a rule authorizing the imposition of an administrative fee.

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