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Neigbors must subsidize bankrupt HOA unit's operating costs

  
  
  
  
  

I live in a small 3 unit condo, 20 months ago one unit owners who was not in residence but let the property out to renters, stopped paying their $125.00 monthly dues, letters/e mails/phone calls to him went unanswered, and despite him receiving $1,000.00 a month rent, the other two units had to pay his water, garden fees, etc.  About 7 months ago the unit rented out went into foreclosure. 

The big problem lay in the insurance for the condo, we do not have a mortgage on our unit, the other unit holder says we have to pay half of the insurance on the unit in foreclosure as its Florida law. We have said let's just leave the insurance but the 2nd unit owner has said we have to pay half the unit and are insistent on this point. We said that due to their mortgage requirements we are being hit with paying half the insurance on the foreclosed unit, but as they need the insurance as a requirement of their mortgage they should pay in full the insurance of the foreclosed property.  We asked them, to take the moral high ground on this matter but they are having non of it , they insist we pay 50% of the foreclosed units insurance, that way they can qualify with their mortgage company to have their mortgage.  We have said that as there are only two units paying for 3 units bills, we have a reduced capital to deal with this situation thus we need cut back re the gardening etc but they refuse to make any cut backs at all. 

What has made it worse is they have insisted we take on a company to manage the bills of the HOA at the cost of $2,100.00 a year and this is when we have a reduced budget. We complained that we did not want to have a company to pay the bills thus they they advised that if we did not give the go ahead the matter to court for a judge to make a decision and the condo association would be liable for any costs, more money spent the  does not have Is there any way we can get out of not paying the half of the foreclosed condo, the other unit needs the insurance as its part of their mortgage requirement, why should we have to subsidize their mortgage requirements and they will not take the moral high ground either or make reductions on the out lays to the HOA . We are from London UK, we pay out taxes, but the situation with the foreclosed unit, our neighbor only seems to be interested in having the condo insurance paid and will not likely to not reducing the spending and will not see out view point re us subsidizing the insurance so they qualify for their mortgage, its all them them them. Any time we quote we can change condo rules, we are advised we do not have the 2/3 majority to change rules made years ago when money was easy to come by , there are only two units owned now by private individuals and the other unit is stuck in the past as it suits there purpose not reacting to the bad financial situation the condo association is in , they have their head in the sand Sorry if it seems i am waffling but i am just trying to get everything down in writing.  Any info appreciated.

Comments

If the unit is in foreclosure contact the bank who now is taking back the unit. Seems to me they have an interest & requirement to keep up insurance. 
 
 
 
As for taking the high road-seems to me it is you who should take the high road. Without insurance everyone could lose if something should happen. YOU would lose too.
Posted @ Sunday, February 20, 2011 7:38 AM by Donna A.
If we pay the insurance on the back unit , it may be 1 2 3 4 5 years before the unit is sold at auction thus we are liablle for the foreclosed units insurance at $3,000.00 a year  
 
 
 
We have contacted the bank that ownes the unit in foreclosure and they advise will only pay the insurance on the foreclosed unit if it is not insured , which we have suggested , but the owner of unit 2, says bluntly no , they need the insurance as a requirment of their morgage so we need to pay the insurance for the whole three units !!!!  
 
 
 
To not pay the insurance for a 1-2 months seems a good way to get the bank to pay their 1/3 of the insurance required , but because of the other owner needs the insurance for their morgage requiremtnt we are being penalised due to their needs for the whole three units to be insured . Why should we pay aprox $1,500.00 so they can have their morgage , its seems totally unfair to me
Posted @ Sunday, February 20, 2011 8:44 AM by Origianal Poster
I also believe the bank should be responsible for keeping up the insurance (however, you must check with the State for the facts). At the same time make sure you ask about the new law that allows the HOA to collect money from the current tenants rent - - to pay for the units share of the maintenance fees....
Posted @ Sunday, February 20, 2011 9:17 AM by KELLI2L
Condo insurance problems are crucial in FL. Your association should file for a lien foreclosure immediately and take title to the delinquent unit before the bank does, and simultaneously ask the Court to appoint a "rent reciever" to whom tenant will be paying his/her rent. Your neighbor and deliqnuent landlord/unit owner is getting away with too much. The rent that your association receives from tenant can satisfy past due and future monthly assessments and offset costs associated with the lien foreclosure, insurance, etc. You need a good collections attorney who accepts these cases on a contingency basis. There are quite a few out there.
Posted @ Sunday, February 20, 2011 9:50 AM by Susana in FL
I am not a lawyer or a professional CAM, however, Kelli2L and Susana have good points. The new Florida law is almost perfectly suited to your dilemma. Look up Florida Senate Bill 1196. This new bill allows the association to collect funds from a tenant if the owner does not pay fees or assessments. However, you must follow certain protocols, mailing notice via certified mail and such. I see you're from the UK, I'd ask a lawyer to advise you. Secondly, if this unit is going into foreclosure, then getting any cooperation from the owner will never come as they have problems themselves. Florida does have a procedure to dissolve a condominium as well, you may want to look into that. With only 3 units, you'd be better of as individual owners, responsible only for your portion of the unit. In any case the FL SB1196 passed this last July and may help in your case.
Posted @ Sunday, February 20, 2011 7:35 PM by cebo
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