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Small condo association needs funds from deadbeat owners now

Posted on Thu, Dec 22, 2011 @ 08:20 AM
  
  
  
  

My husband and I own a unit in a two unit association. The other owner (who rents out his unit) has left the handling of the condo association entirely up to us, so I maintain the condo bank account and pay all the bills. Our current shared expenses are water/sewer and homeowners insurance so the monthly fee is only $100. The other unit owner has been delinquent in his payments for years and will only occasionally send a check for a partial payment, usually after I have e-mailed and called him several times. He otherwise never responds to my messages or communicates with us in anyway.

We finally consulted a lawyer about how best to deal with the situation and he recommended we write a letter to the other owner detailing his payment history (or lack thereof) with the current amount owed and a suggested payment schedule of a 3rd of the the total plus the current month's fee for the next 3 months in order to get caught up or enforce the provisions of Massachusetts General Laws Chapter 183A and direct his tenants to pay rent to the association until his fees were payed in full. Shortly after we sent this letter (by Regular, Certified Mail and E-Mail) we discovered his tenants were moving out and it was too late to get rent from them.

While the other unit owner did send a check for the first installment o f the payment plan we'd provided about a month later, he's yet to pay a single cent since and is now in arrears almost as much as when we sent the letter. The other owner had apparently been trying to sell his unit for several months but it is now off the market and new renters just moved in. However, the renters appear to be buddies with the owner and we're wondering if they'll be reluctant to pay the rent to the association. I just received the invoice for our home owner's insurance and we are about $600 short of the amount in the condo account. Plus a water pipe in our basement looks in serious need of repair and we need to have some shingles replaced on the roof so we really need the money now.

So to sum up: my questions are basically: How do we go about collecting rent from the renters? Do we just show them a copy of the letter and condo docs? What if they don't take it seriously or think we're trying to scam them? Should we just go ahead and file a lien on the other unit? If we end up having to pay out-of-pocket to cover the Home Owner's Insurance and house repairs, is their anyway to guarantee that we'll be reimbursed?

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COMMENTS

There are laws to address just this problem, especially if you are set up as a legal "condo association". But why continue to handle all the work and expense? Hire a management company and let them do the enforcing. You should be able to take posession of the property, rent it, get all the proceeds, lien it and I believe you can file for title under the mortgages... they will be charged for all court costs, attorney's fees, etc.... and you won't be the bad guy and you won't have to do all the work. Good luck.

posted @ Thursday, December 22, 2011 8:45 AM by RealtorAna


Where are you located? If you are located in NY, New York Condo Lien Inc. would be able to help. Even if you are not located in NY, the website is helpful and can lead you in the correct direction

posted @ Thursday, December 22, 2011 9:11 AM by tony giaimo


Lien of Unpaid Common Charges. You can attach the amount owed to any charge that you put out for. There is no time table, just be sure to have the appropiate documentation.

posted @ Thursday, December 22, 2011 9:13 AM by tony giaimo


A lot will depend on your governing documents (assuming they exist) and your state law. 
 
If you have any language in your CC&Rs about tenants having to pay in this case it might be easy and you might be able to legally collect from them. 
 
The very first thing you want to do is to record a lien on this property. If he is able to sell you may not be able to recover your money without a lien.

posted @ Thursday, December 22, 2011 9:23 AM by Jeff Ross


Deal only with the owner of the unit and not the renters. They are the owner's problem. Get a lien filed as soon as possible and get aggressive. Of course you must abide by the law but don't sit back anymore because they will continue to take advantage of you. What kind of a louse would expect someone else to pay their living expenses? They are scum. 
 

posted @ Thursday, December 22, 2011 12:41 PM by Renee


If you are in California, DO NOT put out a dime that you don't have to because you will get screwed. He has likely stopped paying the mortgage as well, knowing that it now takes at least a year for foreclosure and at least another six months before an auction can take place. In some states, this process can take more than three years. He likely entered into a 'you can rent it cheap until the bank takes it away' agreement. In California, when the bank auctions it, all liens except the mortgage lien are extinguished and the association eats the entire balance. 
 
You need to file the appropriate paperwork to enable the association (you) to take possession of the property and the rent proceeds and then you need to rent the place immediately so that you can recoup as much as possible (and maybe even get the repairs done) before the bank takes the property away. 
 
Good luck!

posted @ Thursday, December 22, 2011 3:19 PM by Bette Cessna


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