Posted on Sat, Mar 30, 2013 @ 07:15 AM
Can a person, age 70, with homestead, living in home 25 years, in HOA, bankrupt one year of homeowner dues? Home has no liens, no mortages, no reverse mtg yet either! A free and clear property.
Posted on Wed, Mar 27, 2013 @ 07:48 AM
I have read a report from an attorney's blog that the condominium who takes a unit owner to court to foreclose has to foreclose within one year and take the lien off. I was in this position but I had provided copies of all my payments. The Board was not maintaining their ledgers therefore I had to prove I had paid them. I became ill (disabled) before the trial which I called for; doctor sent letter excusing me from trial then..I have gotten worse. My payments were never brought up although seen. It's been since 2009. Do you know the statue that supports this claim from the other attorney? Thank you.
Posted on Sat, Mar 23, 2013 @ 08:46 AM
If our condo unit is in foreclosure (Illinois), and we are current on the assessments, can the condo association charge legal fees? Our condo association was named as a defendant along with us on the Mortgage Foreclosure Summons since "it may have some interest in the subject real estate by virtue of unpaid assessments or other charges" and "its interest in the mortgaged real estate is sought to be terminated and alleged to be subordinate to that of the plaintiff.” We are current on our assessments and intend to be throughout the foreclosure process and the condo association has no lien on our unit. I received my assessment bill and we are being charged legal fees in connection with the foreclosure. Can they continue billing legal fees if we remain current on our assessments? The foreclosure can drag out for 2 years and I'm afraid we will be billed monthly legal fees until its over.
Posted on Wed, Feb 27, 2013 @ 08:21 AM
I am trying to purchase a condo in Fort Myers Florida , in a certain complex. The president keeps buying these cheap units up. He is using his power to give himself reduction in past hoa dues . He buys thens rents them out or flips them . Is this legal? He won't give me any reductions .
Posted on Fri, Sep 28, 2012 @ 08:16 AM
We live in a duplex condo so there is no real association. We do have a condo agreement (somewhere). We've lived here for 11 years, have yet to get a copy of the bank statement. An owner took $500 out without consulting us to hire an attorney to tell us to take our christmas lights of the deck by Jan 31. Now we find out she hasn't been paying her condo fees, got rid of the lawnmower and told us to by our own. We're not really sure where we stand or what we can do about these ongoing problems. Any advice?
Posted on Tue, Aug 21, 2012 @ 08:06 AM
What happens to condo owners that are paying their dues, but units go into foreclosure? We are a 12 unit condo building where 4 units are in foreclosure.
Posted on Tue, Jul 17, 2012 @ 07:59 AM
I am th president of a small association. The secretary is old and can't perform her duties, the treasurer had to be removed because he was not paying his association fees and the associations bills - so me, the president is performing all 3 jobs. Well the a lien had to be placed on the treasurer because he would not pay his special assessment or a years worth of condo fees. He tried to fight it, but lost in court. However, he then filed bankruptcy, leaving the association to cover his large deb, and now he is foreclosing on his condo. Funny thing is, he is a certified property manager of another building. My question is, can the association still collect the funds owed from the lien, when the property is sold? Can another lien be placed on his property now that he is foreclosing and not paying association fees again. Wait...don't feel sorry for this guy, he just purchased a new home and car!
Posted on Wed, Jul 11, 2012 @ 07:18 AM
On September 2011, our board of managers made a decision that any owner who was two months late with their maintenance fees would be subject to a lien on their property. In September 2011 we were only one month late, yet the board went ahead and filed a lien on our property. They also filed the lien for more than twice what we owe. One of the board members really dislikes us and has caused many problems for us. Our lawyer is already going after the attorneys for the board for violations of the FDCPA in the threatening letter they sent us regarding the lien and money the board wrongfully stated we owe. My question is, can we also sue the board for filing the lien on our property for more than we owe and for filing the lien on us when we only owed one month when they just made a board decision to file liens for owners who owed 2 months or more.
Posted on Thu, Apr 12, 2012 @ 06:16 AM
The property managers, current owners and board of a local condominium association in Cape May County NJ just found out a unit in the building was recently sold at a sheriffs sale. The former owner owes money to the association. Is the new owner responsible for the monies owed and/or what is the procedure for trying to collect the monies owed (from the proceeds of the sale)? Please be as detailed as possible. We tried searching the web for info with little luck. We confirmed the sale on the local website Sheriff's Sale. we searched all the FAQs but it seems like most of the information is for owner's or tenants who are being foreclosed upon and their rights rather than the rights of those who are owed money to collect. The condo association as a whole is financially stable. Of course we could call a real estate attorney but then that cost might exceed the actual amount owed (less than $1000). We are trying to arm ourselves with any and all info pertaining to this. I am sure many associations are in a similar boat. Any information would be greatly appreciated! Thanks!
Posted on Sat, Apr 07, 2012 @ 07:55 AM
I have a dispute with my condo board. I owe them money, but have been paying them monthly sums to clear the debt and stay current until recently, when I learned that the Board has been collecting my money, had the property manager post my payments to my acount without giving me credit for timely payments and in fact charging interest and late payments. I also learned that the property manager at its own initiative or at the direction of the Board was using my money to pay the Board's lawyer who was hired by the Treasurer to file a lawsuit against me. There's a rule in the bylaws that says my money must be used for ordinary condo fees and not legal fees until later when the dspute ends. Legal fees are then determined and must be paid in full by the losing party after resolution of the dispute. In other words,the losing party must pay his legal fees and the legal fees of the winner. The problem i am facing is the property manager is using a good part of the money I gave them to pay off my debt and stay current to pay the Board's lawyer. This seems downright improper and I should be able to take legal action here. Comments would be deeply appreciated.