Doesn’t live in his apartment, but has to pay his dues
Question
Does an apartment owner have to pay residence committee dues if currently he isn’t living in his apartment? The dues are used to pay for the running expenses of the building.
Answer
Someone who owns an apartment in an apartment building or a house in a shared courtyard, and does not reside in his property, has to pay some of the expenses, but not the others. Specifically:
- He does not have to pay for the running expenses associated with everyday use of the building or of the courtyard, such as electricity and cleaning.
- He does have to pay for the expenses associated with guarding and preserving his property, such as a security service, if one is necessary.
- He does have to pay for the expenses associated with keeping the property in running order, such as whitewashing, tarring and waterproofing, sealing holes in the roof and in the walls, upkeep of the garden, fixing the elevator, and paying for its insurance and inspections.
All this refers to the case when the owner doesn’t reside in his property for six months or longer. If he is absent for less than six months, he has to pay his dues just like everyone else.
Source
Shulchan Oruch, section Choshen Mishpat, chapter 161
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