Condo Association Management Blog

We had a similar situation - our by-laws provide for the placing of a lien. We were also advised by our attorney that we could bring a small claims against owner. What you need to determine is if there is anything upon which to levy the small claims judgment. we, ultimately, worked out an arrangement with owner who is now making monthly payments towards monies in arrears while keeping up w/monthly common charges

Yes. File a lien and take away privileges. In Utah if they are 60 days delinquent you can file a lien. I don't remember the time frame by we can also file for foreclosure.

Association fees are similar to local real estate taxes, and can be liened as well.

I think you should be more concerned with your treasurer who has not kept very good records! 
 
Vic

Check your Master Deed and By-Laws since that is what determines what you can do. In Tennessee we foreclosed and sold a property just yesterday for delinquent dues and special assessments. We had to begin by filing a lien, then filed suit and wait for the time for an appeal to pass before we could foreclose. It was a lengthy process by we got our $17,000 after it was sold on the Court House steps. Your biggest problem sounds like the treasurer!

I agree with Victor. Getting your books in order should be your top priority. You may find this particulat h/o isn't behind at all. How do you know for sure if the Tres. hasn't been keeping accurate records. You can't just place a lien on someone's property w/o knowing for certain they are delinquent. On the other hand, if, in fact they are, your CCRs should state what remedies can be undertaken to collect deliquencies. You must follow whatever is stated in the CCRs. Also, there may be state law addressing this which may trump whatever your CCRs say.

You must determine the exact amount owed by this owner to place a lien and/or file in smalls claim court. I have done both and in each instance the court will ask you for the exact amount the homeowner owes in back fees. If you don't have an answer that is backed up by records which the judge will ask for; your case will be thrown out. So your first priority is get all information from the treasurer and make sure the amount owed is accurate. That is only fair to the owner and the association.

All the more reason to hire a good management company. They can save you thousand$ on possible legal issues. Just make sure it is a highly reputable one that knows your CC&R's backwards and forwards.

By all means run do not walk and get that lien now, just in case they (he,She) decides ro sell the lien will be in place.Furthermore I think you should be very concerned about the sec that is not keeping the books properly. That is grounds for dismissal. Get all unit owners together and do it with a petition that they sign and ask for a special meeting. Vote her out NOW. It worked for us and it will work for you. We trusted our B.K. for 3 years and she failed and put us in the hole. Please do not let that happen. You have every right to fire her, and get that lien put into place Now. 
 

If you cannot collect outstanding maintenance fees for condominium units..... 
 
 
 
www.NewYorkCondoLienInc.com

Elizabeth, try calling New York Condo Lien, Inc. they specialize in placing Liens on Condominium unit owners who don't pay their maintenance fees. The process is very quick and easy. It is also MUCH cheaper than using an attorney and the lien won't be removed until the funds are completely paid back. Heres the link to the website. 
 
www.NewYorkCondoLienInc.com

i know i am going to sound real dumb, but where can i find out what exactly is the treasurer's job. i know in our assoc. it is just a title, as a matter of fact the lady that currently is treasurer has stop going and will soon resigne. 
 
thank you

Isabel, 
 
 
 
You do not sound dumb! I like to say that if you don't know the answer to a question you are "dumb" NOT to ask! <G> 
 
 
 
Your bylaws should outline the duties of all the officers. This is what my bylaws say about the treasurer: "The treasurer shall have the resp. for assn. funds and securities and shall be resp. for keeping full and accurate accounts of all receipts and disbursements in books belonging the the assn. He shall be resp. for the deposit of all monies and other valuable effects in the name, and to the credit, of the assn in such depositories as may from time to time be designated by te board of directors." 
 
 
 
If the BOD contracts with a mgmt co it's standard procedure for them to keep the financial records. If that is the case then the treasurer doesn't have any work to do but should keep abreast of what the mgmt co is doing including thoroughly reviewing the financial statements they produce each month. The treasurer may also be resp. for signing all checks even if the mgmt co is handling the finances.

www.NewYorkCondoLienInc.com 
 
the fastest, cheapest and smartest way to get your money owed from unit owners. Don't wait, your only hurting yourself.