Condo Association Management Blog

How to calculate condo association fees - garages included?

I live in a condominium in Louisville, KY and my question is on calculating condo association fees. These condos consist of 4 to 6 units a building much like patio homes. Some units have attached garages. It cost additional money for condo association insurance & repairs on the garages. I am trying to find out if there is a rule in Kentucky on how association fees are calculated. If the condo association bylaws state by square footage does this include the garages?

Condo association has lawyer collecting late fees with no warning

I have been paying my condo association fees by automatic payment for 2 years. It looks like in December the Condo Association set up a special assessment ($70 for 6 months) which somehow I was never notified. Now I got a letter from the attorney that I owe over $1,300 (attorney $525 plus extras fees and penalties). If I don't pay within 30 days they will record a claim of lien against my property. I try to contact the property manager of the association. He doesn't know anything. He sent me to call the lawyer. After 4 days trying to contact the lawyer and explain all the situation nothing change. I don't understand why the condo association never contact me ??? Thank you Gisela

3 Steps To Collecting Delinquent Condo Fees

Most HOAs and Condo Associations have some level of difficulty collecting delinquent condo fees and assessments.  There are 3 actions a Condo Association or HOA can take to collect.

Send Notice of Demand for Collection (NOD). Although Notices of Demand are often sent by lawyers, they can be sent directly by the association. This document put the delinquent owner on notice and informs them of the HOA or Condo Association's right to place a lien on the property. 

Record Liens. Liens alert lenders, purchasers and title companies of a "cloud on title" that needs to be cleared up. For this reason, long standing delinquencies often get cleared up at refinancing or sale closings. A recorded lien improves the odds of collecting even if an owner files bankruptcy or a lender forecloses. If the lender forecloses, the association can collect if there are surplus proceeds. If there is no lien and the property is sold, the association has no claim.

Let the Attorney Handle It. After several rounds of written notices and 60 days have passed, turn the matter over to the HOA's attorney. Cease communications with the debtor. Referring all calls to the attorney will expedite the process.

Learn about Condo Association Insurance and HOA Loans

Condo association board imposes and collects on outrageous late fees

We own a NYC condo apartment where the board is sponsor controlled after 8 years. There are two other unit owners on the board, however, they both reside in other states and both of their units are up for sale. The sponsor obviously has no plans to hand control over to the owners and continues to hold more than 50% of the units in the building, renting all except one. He has failed to obtain an OC thus far due to multiple violations in the building. He treats the building as his own sandbox and the condo money as his own.

Here's my immediate problem. While the condo bylaws define a comprehensive late fee schedule, the board (ie the sponsor) saw fit to compose a set of "house rules" that implement a completely different schedule of literally obscene fines which he claims is legally binding and overrides the condo bylaws. The property manager, a well known company, sides with him on this issue, (on all issues as a matter of fact) and makes a habit of marking timely payments late. All attempts to reason with the property management company are initially ignored and finally result in threats and invitations to pursue the issue in court. If I were to be blunt I would say that the sponsor and property management company are a bunch of brazen thieves.

My question is the following: is the property management company at all liable for this? The only thing holding us in the building are more than 50k in late fees that the property management company has generated for the sponsor.

Bankrupt owner collects rent but does not pay the HOA

One of the owners in our building stopped making payments of HOA fees 18 months ago; about 12 months ago, he rented their unit; and about six months ago he declared bankruptcy. Despite his bankruptcy, the renters pay him, but no fees are paid to us: the HOA pays for their water, security access, elevator access, and garage. Our lawyer says we have no rights until bankruptcy is settled. Is that truly the case?

Condo association assessed for reserves, but spent on condo fees

Last year, all owners in our condo association were assessed to pay the dues, and electric bills of a unit that was in foreclosure. The owner had moved out, leaving the place empty. The bank has settled and the condo unit has now been sold. Our condo board has decided, instead of reimbursing each unit owner their money, they are going to put the money toward one month of our dues. Those who have pre-paid for the entire year, will have to deduct from the first month dues in 2011. It is my understanding a reimbursement of assessment money was to be given back to owners, or put into a special assessment reserve, to be used toward other assessments. Can the board put the money toward our dues with, or without our approval? I would also like to know if the board can assess unit owners for the purpose of balancing the budget?
X8NY9D356B2D

Must ignored condo owner continue paying HOA fees?

I live in a newly developed condo complex. The proposed number of units is 23, of which only 15 have been built, and 11 sold. I was told about the condo fees during the Purchase & Sale process and received a copy of the condo documents before closing.

What I discovered after I purchased my unit was that no condo fees were being collected for an undisclosed period of time. No condo association had been formed and the only condo association board member I was aware of was the seller. As a result of not paying dues the lawn care and trash removal was sporadic at best. I was told by the on sight builder they would maintain the property here and there until more units were sold, and there was an established condo association. After being there for several months I decided to hire my own landscaper to maintain my unit. The seller has been paying the master property insurance, water & sewer, as well as the exterior electricity bill. As one might imagine, the complex, due to lack of care and pavement is pretty sloppy looking.

After 8 months of wondering, and unanswered questions, I received my first condo fee bill. I questioned the owner about voting rights, electing officials, and inquired about what my fee will actually cover. I also addressed issues with the interior of my place as well. I requested a meeting with him and the other owners to establish a formal condo association. I received no response.

My long awaited question is: If the seller continues to ignore me am I obligated to pay these dues? Do I have the right, as well as the other owners, to a vote; to have say in matters? I don't want to be in default, but at the same time if this fee includes services that I'm not getting, then I don't want to pay it. I hope someone has a suggestion. Thanks!

Must delinquent owner pay both HOA late fees and lawyer's fees?

I was just handed a legal notice from an attorney's office that I owe $1,200 in delinquent HOA payments (I was not aware that my routing number for the automatic bill pay was incorrect). I was never notified of this before they went to an attorney and now am told I owe for the attorney's fees as well which total over $500. I would have hand delivered the check to the HOA management office and fixed the problem immediately if I had just known. I live in Florida, and no where in my HOA by-laws does it say the process in which a notification of this sort is handled before the lien is placed. Can they make me pay the lawyer's fees as well?

What do most condo associations (HOAs) charge for move-in and move-out fees?

I'm curious about move-in move-out fees for homeowners associations (HOAs). Is it standard practice to charge it twice--meaning when an old tenant moves out and a new tenant moves in does the owner pay one or two fees?  Also, my complex charges an amount equal to the homeowners' fee or condo fee.

So I just had a tenant move out and a new one move in and I sent a check for the amount of THREE homeowners' fees. This seems excessive to me, especially since no locks were changed, no painting was done. I realize that this is the rule at my particular condo complex, but I'm curious as to standard practice. Thanks in advance for your feedback.

How do you calculate HOA or condo association fees?

What is the norm in condo associations or HOAs for homeowner's dues or fees on different size condos i.e. is the amount that each owner pays figured by the square footage of what each owner owns or does each owner just pay the same?