Are Dues Owed on a Vacant Unit? The Legal Position

Short Answer: Yes, Dues Are Owed Even on a Vacant Unit

Apartment and residential complex managements often hear this objection: "My unit is empty, no one lives there — why should I pay dues?" The legal answer is clear: the fact that a unit is vacant does not remove the obligation to pay dues.

Under Article 20 of the KMK, every unit owner is required to contribute to the common expenses, regardless of whether they use their unit. Whether the unit is occupied or rented out is immaterial; ownership itself creates the obligation.

Why Do Vacant Units Also Pay?

The logic is this: dues are not only the price of the services your unit consumes. Dues finance the upkeep of the building's roof, elevator, external facade, garden, water tank and shared installations. Even if your unit is empty, these common areas continue to exist, deteriorate and require maintenance. The elevator does not wear less because your unit is empty; the building insurance also covers your unit.

Moreover, the value of your vacant unit depends on the building being well managed. A unit in a run-down, debt-ridden apartment loses value. In other words, dues are also an investment that preserves the value of your property.

Which Expenses Might Be Exempt?

Here a subtle distinction applies. The KMK divides expenses into two categories:

• Common expenses and advances: A vacant unit contributes in full to all expenses that concern the whole building — roof, elevator maintenance, facade, insurance, management.
• Usage-based expenses: In some buildings, the management plan may contain a specific arrangement for services that are not actually used (for example, central hot water). However, this depends on the management plan and the decisions taken; it is not an automatic exemption.

In other words, arguments such as "I don't use the doorkeeper" or "I don't take the elevator" do not remove the common-expense obligation. These services are provided to the building as a whole.

What Happens if Dues Are Not Paid?

The owner of a vacant unit, just like other unit owners, faces monthly late-payment interest of 5%, enforcement proceedings and even a statutory mortgage on the unit if payment is not made. Being a "vacant unit" provides no legal protection.

Advice for Managers

Vacant-unit owners generally do not live in the building, which can make communication difficult. It is therefore important to keep up-to-date contact information (phone, e-mail) on file and to send dues notices regularly. A digital tracking system makes payment easier by giving the absent owner access to statements and balance information at any time.

Related Topics

We covered the responsibility between tenant and owner in our "tenant or owner pays" article, the legal basis for dues in our "operating project" article, and the process for unpaid dues in our "non-paying neighbor" article.

This content is for informational purposes. For situations specific to your management plan, legal advice is recommended.