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Condo association fears developer's bankruptcy

  
  
  
  
  

I am an owner of a condo unit but not on the condo association board. I am worried that our developer will never pay his back condo association dues from the units he owns and rents ( a considerable amount) extending to the condo association. The developer formed a shell corporation from which we bought our condo. (We assume that all owners in our condo building had the same experience.)

The condo association board seems scared to take any action in the fear that the shell corporation will go bankrupt. With proxies, the shell corp. has control of the voting for condo board members. Any suggestions for action?

Comments

You need to put a stipulation into your bylaws that no one person or persons,(Corp., group...etc.) can own more than X amount of units in said subdivision. Ours only allows 2.
Posted @ Wednesday, November 04, 2009 9:03 AM by George
I am here in Michigan and we have had developers go bankrupt. There isn't any way you could stop it. 
 
As an overview, most developers in Michigan form an LLC specific to the project to protect themselves. The LLC usually is closed when the project is finished. 
 
If the developer has units that are finished that they are renting and have formed another LLC to manage that, you would have to go after that LLC. One of the options may be to seek the rent until the association dues/fees are current. In many states this is part of state law (usually an act or legislation specifically for condominiums). The best thing the board can do is to hire a qualified attorney to represent them. 
 
Of course, you should also look at your documents. It is possible the developer does not pay full dues, only a portion of expenses based on the number of completed units. Often, the developer is not responsible for reserve fund contributions, but is responsible for costs based on that percentage, as they arise. Again, an attorney in your state well versed in these matters will serve your community far, far better.
Posted @ Wednesday, November 04, 2009 10:16 AM by Joe Schuirmann
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