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Does soon to be bankrupt owner need to pay condo fees?

  
  
  
  
  

I own one of a Vermont two unit condominium, self-managed. Up until last year my neighbor paid his share of the fire insurance and driveway but this year I have had to foot the bill for his half of insurance and driveway. His lawyer is telling me because he doesn't know if he's staying there because of possible foreclosure that he doesn't have to pay until it is all settled? Is this true?

Comments

The other owner is responsible for his half, you'll have to place a lien on his property and if you're lucky after he forecloses and there is any money left, you'll get whatever the lien indicates. You're SOL if you dont file a lien. You'll be lucky if he is allowed to do a short sale but that lien has to be there so make haste while the sun shines.
Posted @ Monday, December 27, 2010 2:20 PM by artDiCicco
Agree with Arts comments, might be worth checking if there is mortgage on property - mortgage provider will wish to protect their asset
Posted @ Monday, December 27, 2010 2:51 PM by cablbug
This is another reason to not buy a condo. Unfortunately, you can not force him to pay his share. The property will most likely go into forclosure and in all likelihood, there will be nothing left over to pay you evenif you sue and attach his condo since the bank and/or unpaid taxes will have priority over your claim. 
 
 
 
Never tie you fate to that of a stranger. it is too much of a risk.
Posted @ Monday, December 27, 2010 3:32 PM by CONDO HATER
Condo fees must be paid at foreclosure sale. But you'll have to keep trach of these proceeding s because if you don't make this claim known it shall be unknown and thus not paid.
Posted @ Monday, December 27, 2010 3:44 PM by Scott Adler
Not sure about this but I believe I read where if condo goes into forclosure the bank will only pay up to 1 year of back dues provided it is bank owned. We have someone going into forclosure and 3 years behind, lien on his place and we are so called SOL as the other comment writer stated. 
 
 
 
I go alng with condo hater..................I WILL NEVER BUY INTO AN ASSOCIATION AGAIN.They need to change things to protect each and every HOA and Condo Assoc owner. I think the rules now stink and I was stup[id when I bought into mine. I have since educated myself with theeeeeeeeir rules, but I am a little to late. 
 
Nice of your neighbors to really care about your property. 
 
I think they should charge all condo owners in the future 3 months condo dues and a signed statement if they forclosure on their unit, The association gets their money right off the top first thing. Yea well live and learn!
Posted @ Monday, December 27, 2010 4:10 PM by s
The problem is compounded by the fact these are not condo fees, but debt incurred for failure to pay insurance and driveway maintenance. Those do not take priority in bankruptcy.
Posted @ Monday, December 27, 2010 4:54 PM by CONDO HATER
The short answer is that that the other co-owner is still responsible for the fees, without regard to the foreclosure. Collecting the fees is another matter, so if ;you can file a lien that will protect your interest if there is equity in the property. You should also consider small claims court to collect the unpaid funds. Finally, check the condo act for Vermont (it may be online). Some jurisdictions give lien priority to condo fees (for a limited period of time). You’re in a tough situation, so good luck.
Posted @ Monday, December 27, 2010 9:12 PM by J. William Reynolds
I wished I had understood when we bought a condo, I never would have done it. We're not banrupt -- yet. And we're living on a retirement income, tried to buy within our means, it's a senior citizen complex that's not meeting its obligations, it's just an awful anxiety.
Posted @ Monday, December 27, 2010 11:22 PM by Did not know
Condo HYou are entitled to your opinion. However, your diruptive posts do nothing to help the individuals whom are seeking help. Unl;ess you wish to offer advice that is useful I striomngly suggest you desist from posting.
Posted @ Tuesday, December 28, 2010 6:37 AM by Scott Adler
I disagree with you Scott, forewarned is forarmed. People need to know. The way condo law is now needs to chance. It starts with everyone knowing and understanding its flaws.
Posted @ Tuesday, December 28, 2010 7:35 AM by Donna Jean Alfieri
Since our homes are for the most part our most valuable assets and affect our lives and well being both health wise and financially, the word needs to get out about the major flaws and problems of this form of ownership. 
 
 
 
I will speak out and offer what info and assistance I can. Sweeping the problems under the rug, do not make them go away and can make them far worse for neglect.
Posted @ Tuesday, December 28, 2010 7:52 AM by CONDO HATER
I agree that state laws pertaining to condos need to be modernized. The point I am trying to make is that this blog is not the appropriate place to discuss that issue. This blog is intended to offer specific advice to condo residents. Telling them their states condo law needs to be modernized does not help them one buit. The proper forum for such discussions is with your state legislators.
Posted @ Tuesday, December 28, 2010 7:54 AM by Scott Adler
Yes our condos are one of a persons major investments. But most of the problems you read about on this blog are do to one major cause. It is inattention and lack of involvement by unit owners who by such actions allow their baords and management companies to run in a dictatorial mode. The state laws are there to prevent this but residents rarely take the time to read the law and refuse to attend board meetings. In most cases the real solution to the multitude of problems ism for resdident s to be actively engaged in protecting their major investment. If you don't do it whom do you think shall bail you out?
Posted @ Tuesday, December 28, 2010 8:11 AM by Scott Adler
I agree that everyone should have all info before purchasing a condo, but what good are our Laws if the State doesn't enforce them, unless we have to contact a lawyer to sue?
Posted @ Tuesday, December 28, 2010 10:56 AM by A
You claim the state does not enforce their laws. Have yyou filed a complaijnt with your attorney general and failed to get action??? Filing such a complaint odes not require a lawyer
Posted @ Tuesday, December 28, 2010 11:59 AM by Scott Adler
your obligation to pay your condo fees are not discharged in a bankruptcy. Do the other owners and yourself a favor pay up what you owe or sell and move to a more affordable location.
Posted @ Sunday, January 22, 2012 8:21 PM by m
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