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Can delinquent renters get kicked out of condo association?

Posted on Fri, Feb 18, 2011 @ 01:30 PM
  
  
  
  
  
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I live in a condo association of 15 units in Pennsylvania.  Just recently we engaged into property management service of which I am very pleased with. We went with them because our board members stepped down and this place was going to pots! Recently I heard that the management is going to change the locks to a card system and anyone that is behind (we have 3) is not going to get a card unless they are up to date, or are making payments on their back condo dues, of which has to be in contract form. My question is if any, (and nobody knows who they are), but if one or so of these back people are renting out their condos to renters what will happen to the renters. Can the renters be band from getting in if the owners are not paying or up to date with their dues. I was told management can do this, but our by-laws do not state this. Must management change the by-laws first before doing something like this? I am all for trying to collect our back dues ($17,000) but I am also concerned about the renters being held responsible for something the owners are suppose to take care of. Any suggestions please. Thanks
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Comments

This is what you get when you let a management company fully take charge. I'm sorry but you guys have to get a board together! Who the hell is watching that the management company makes the right choices and gets the best deals for you guys! Someone in that property better step up to the plate and start a board! 
 
As for your question it seems like the answer is in what the management company stated "anyone that is behind is not going to get a card unless they are up to date, or are making payments on their back condo dues" 
 
Time to have an owners meeting!
Posted @ Friday, February 18, 2011 2:24 PM by Victor
Someone better see if this is even legal. You could get into all kinds of legal fees.
Posted @ Friday, February 18, 2011 2:32 PM by Donna A.
Has collection action been started against the delinquent owners? $17k delinquent with only 16 units is huge! In Illinois, once we obtain judgment against a unit owner and we know there is a renter in the unit, we have the court issue an Assignment of Rent and the tenant has to send their monthly rent payment to the Association until the balance is paid in full. The Association should seek a legal opinion before they decide not to provide a key to the owner of a unit. It's one thing to deny a unit owner access to a pool or use of a clubhouse because they are delinquent but to deny access to their own home is not legal. So there is no Board of Directors to run the Association? That's definitely not a good thing either! Read the Declaration/By-Laws and find what needs to be done to elect a Board and do it quick!
Posted @ Friday, February 18, 2011 2:52 PM by Katie
Don't do it! Katie is right, time to take back what is rightfully yours. Get you Board back and make those hard decisions. Your people just gave over all your decision making to a third (and might I say - disinterested) third party that has no, none, nada, responsibility for your property. Usually they are charged with "do their best" but there's no real obligation to them if they foul up. Don't get me wrong, I DO believe in using a management service if, and only if, you take the responsibility to check and double check their work. Many times they can help you to make hard choices. Preventing persons from entering their rental unit isn't a good choice, after all the renter has NO obligation to your "association" or lack there of.
Posted @ Friday, February 18, 2011 7:23 PM by cebo
Many good suggestions here. We too, had a major delinquent problem years ago - only 7 of us and 'no teeth' in efforts to collect. Two of us took over the situation and we eventually got back on track by working with all owners. One of the things we did write in was to be Humane - We had one owner take advatage of this and we finally put a lien on that owner. ( That owner is still a problem!) The rest made payments etc. and worked hard and have stayed current. Locking renters out may get you in trouble - Renter have Rights - check those out. Paying rent into the Association sounds like a good ides. And get a Board together. I'm it - since no one else wants the job - but I fight hard to keep all balanced and in order. We are looking at a management company - I've found a good one that works hand in hand with the Board and all owners. I saw red flags with those that left us out of the picture. This Blog has been so valuable in showing what happens when there isn't a good balanced relationship between the Board and property managment.
Posted @ Friday, February 18, 2011 9:53 PM by Susan
It is MY understandiang that delinquent owners and/or renters cannot be LOCKED OUT of the Unit or the building; they can however, be stopped from using certain amenities. Most likely (depending on your State), papers must be served first (thru an attorney), and the issue goes to court. . . Again, people cannot just be locked out by the management company or the Board of Directors !!!
Posted @ Saturday, February 19, 2011 10:15 AM by KELLI2L
We have about 10 delinquent owners right now, but 2 of them owe the most. After researching State Law and conferring with our Lawyer, we shut the water off to their unit. State Law supported this move. Within a week both owners were talking to us wanting to make a deal. It's been a couple months now, and they're back to their old tricks. We're going to turn their water off again. If we go to collection with them, they might declare bankrupcy and the Board would be stuck with all the fees. I don't know, sometimes I think we'll never get the money back. If we could just recoup 1/2 of it we'd be happy! 
 
We have leins on both units but we're third in line if they were sold. Sorry I can't be of more help, I'm thankful that more people don't decide to do what the few do.
Posted @ Saturday, February 19, 2011 12:02 PM by Gary
I don't know what state Gary lives in that would allow the water to be shut-off to a unit because of financial delinquencies.... 
 
 
 
It is though of as inhumane treatment to shut off water, electric and to lock them out of the unit, or to thrown their belongings out, etc. You simply must take the matter to court and let the judge make the determination..... Yes, this may take some time, anywhere from 30 days to 60 or 90 days - but the law (in most cases) does not allow cruelty.... And if the delinquent person or persons have children living in the unit, you could be fined heavily for that type of inhumane treatment....Knowledge is power and if the unit owner knows there rights you wouldn't be able to get away with shutting off the water or any other inhumane tactics you may like to try....All the tenant or owner needs to do is check the States laws on this subject....  
 
Posted @ Sunday, February 20, 2011 8:46 AM by KELLI2L
In response to Kelli2L: 
 
The two owners owe around $12,000. It sounds inhumane to shut off their water, but how humane is it to ask the other condo owners to pay for their garbage, water, gardening, new roofs and streets?  
 
I live in Utah. The State condo laws expressly support this action. We are dealing with freeloaders here, not someone that is in dire financial stress. This has been going on for more than 3 years. Sorry, we take the "inhumane" approach. Do you expect others to take care of you if you can't? Responsibility and consciense are the words of the day here. 
 
Taking these folks to court is a bad idea if we can resolve it any other way. If they decide on bankruptcy the BOD has to pay for not only the legal costs, but the owners back condo fees. That is money we get from all other owners. If these folks make even a minor attempt to pay a little per month we make deals with them.
Posted @ Sunday, February 20, 2011 11:47 AM by Gary
With all due respect to Gary, in my State of Florida, if you did that here, you'd soon be in jail. I realize State laws differ, but this IS to harsh. I do believe the original poster stated that some of the delinquent owners have rented their places out. Why should a tenant suffer at the hands of an Association, their contract is with the owner and they may be in good standing with the owner. The association would have no rights in the rental issue. Having said this, Pennsylvania may have laws on the books to assist the association in collecting the rent from the tenants until such time as the owners fees are fully covered. I'd approach this issue from that direction. Don't Do It! Don't lock out a tenant or shut off any utilities, including water.
Posted @ Sunday, February 20, 2011 7:54 PM by cebo
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