Condo Association Management Blog

New Jersey Condo Association having trouble getting assessment fee

Posted on Wed, Jan 21, 2015 @ 08:00 AM

Tags: Assessments, Condo Fees, Board of Directors, Condo Assessments, condo law, Liens, Towing, Condo Act, New Jersey Condo Association, special assessments, Law, back assessments

New Jersey Condo Association seeks back assessments from condo owner 012115 resized 600

I am on the Board of my New Jersey Condo Association. We have a condo owner who is refusing to pay a $400 snow assessment fee from 2010. Long story short, we have placed a lien on their property, as their total is now up to $2,700 after four years of fines and lawyer fees.

I’m told that all we can do at this point is tow their car from the property or go to court for a judgment. I’m also told that the court will likely throw out most of the fees, so the only leverage we have left to get our money is to tow the car.

The property management company is stonewalling this. The Board has told the condo owner to forget the $2,700 and simply pay the original $400 assessment fee, or their car will be towed. The resident has responded that they will sue the Condo Association if the car is towed.

The last thing our Condo Association needs is an additional lawyer fee…we just want our money! Are there any recommendations on how to proceed at this point?

Condo owner would like to remove lien without hiring attorney

Posted on Sun, Jan 11, 2015 @ 08:00 AM

Tags: Assessments, Property Management, Condo Association Management, Board of Directors, Condo Assessments, condo law, Rights, HOA Board, condo association board of directors, condo repairs, Liens, Collections, Condo Act, HOA Management, New Jersey Condo Association, Law, back assessments

Condo Association member has lien placed and wants to fight without lawyer 011115 resized 600

I am a member of a New Jersey Condo Association. How do I get rid of an unjustified lien that the Condo Board (mainly the property management company) has put on my condo unit?

The attorney who filed the lien told me that it wasn’t a true lien. However, I was told otherwise when I spoke with the people where the lien is filed. I never received items the lien claims to be for, and received items worth less than half of the value that were damaged during installation. The property management company had even sent an insurance adjuster to my home to take pictures of the defective items, but I never heard anything more about the insurance company replacing them.

I researched the price of the items that were installed using serial numbers, and discovered they are likely against code since they are skylights, and made from regular glass rather than tempered.

I am 71 years old and not well, and keep being reminded of how much I owe my condo association, which is completely incorrect. I always pay my bills, and on time. This is the only one in my life I did not pay, and that is because I never received what I was told I would, and instead dangerous skylights.

Please advise on how I may proceed and have this removed without hiring an attorney. Honestly, I have paid so much to this condo association that I truly cannot afford to hire one, and don’t want to pursue the Board as we have such a nice new group of people here. Thank you.

Rules on pricing condo units foreclosed by the Condo Association?

Posted on Sun, Dec 21, 2014 @ 08:00 AM

Tags: Property Management, Board of Directors, condo law, condo questions, Bylaw, Rules and Enforcement, condo association board of directors, Liens, Foreclosure, Condo Act, back assessments, Texas Condo Association

Condo Association has questions on pricing foreclosed  condo unit 122114 resized 600

I am a new Board member in a Texas Condo Association. Over two years ago, the Association took the deed to one of the condo units for nonpayment of dues.

Now, the Board wants to list the condo unit for sale. The Condo Association Property Manager is saying that we cannot price the condo unit at market rate, but at a price equivalent to out-of-pocket expenses, ostensibly because it might appear the Association foreclosed in order to make a profit.

Is the Condo Association Property Manager correct in their judgement? Is the Condo Association limited in pricing, even after the duration of two years?

Condo owner has question on statute of limitations for debt payment

Posted on Sat, Dec 20, 2014 @ 08:00 AM

Tags: Florida Condo Association, condo law, Liens, Condo Act

Condo owner wants to know statute of limitations on payment of debt 122014 resized 600

What is the statute of limitations on payment of debt in order for a previous condo owner to get their condo unit back?

What is the statute of limitations on condo unit debt in Florida?

Posted on Mon, Dec 15, 2014 @ 08:00 AM

Tags: Property, Loan Stucture, Florida Condo Association, condo questions, Rules and Enforcement, Liens, Delinquencies, HOA Management, condo association loan, condo association loan terms

condo owner wants to know statute of limitations on paying condo debt 121514 resized 600

I am a member of a Florida Condo Association, and have a legal question. A previous owner of one of the condo units, who is long-gone, owes the bank $75,000. The bank is refusing to sell, as they don’t want to be sued if the previous owner pays the debt.

What is the statute of limitations on paying off condo unit debts to the bank?

New Jersey condo owner faces legal battle over maintenance fees

Posted on Mon, Dec 8, 2014 @ 08:00 AM

Tags: Condo Association Management, condo association questions, Condo Fees, condo law, Bylaw, Rights, Rules and Enforcement, Liens, New Jersey Condo Association, Law

condo owner seeks legal advice over condo fee lawsuit 120214 resized 600

I own a condo unit in a New Jersey Condo Association. In January 2013, the HOA began claiming that they were due monthly maintenance fees that I had already paid. I was quite busy at the time with relocating out-of-state and getting my condo on the market, and was not getting anywhere with phone calls to the HOA.

It seemed that every time a payment was made, the HOA was applying it incorrectly. Payments were being made through a bill payment service through my bank, so I requested that my bank contact them to resolve the issue. A representative contacted the HOA in March 2013 and all were in agreement that the payments had been made, yet the documentation errors were never fixed.

After I had put my condo on the market, I stopped making payments and figured it would get resolved at closing. The HOA turned this matter over to their attorney, so I paid the HOA fees and thought the matter was resolved. My next statement, however, still indicated that they had not received payments.

I responded to their attorney, yet was sent letters indicating that he had not heard from me, even though sent by certified letter. He filed a claim against me and I received a notice to appear in court in June 2014. I appeared in court ready to resolve the matter, only to find out that the case was dismissed because the judge granted a Motion to Strike my Answer three weeks prior for failure to answer interrogatories without prejudice. A default judgment was entered for maintenance fees, which included accelerated fees for the entire year, even though the year was only half over at that point. In addition, a lien was placed on my condo unit, and legal fees totaled $4,146.66.

I filed a motion to vacate the default judgment and provided information to show discrepancies with HOA records going back to 2013, along with a bank statement, cancelled check, letter from the bank documenting conversation with HOA, and the certified letter receipt to the attorney. The attorney acknowledged the discrepancies and responded that they were researching payment.

On September 3, 2014, which I was in New Hampshire taking an exam (cell phones not allowed in testing area), the attorney left a voicemail stating the Court had asked him to notify me that there would be oral argument on September 5 at 10:45am. On September 4, I received another voicemail while at work from the Judge’s Law Clerk saying she wanted to make sure I was contacted about court the next day. It wasn’t until September 5 that I listened to my messages, after which I immediately called her back. After revealing she was new, I was told this was normal procedure. and that a judgment would be entered. She then gave me the number of another Court office for additional assistance, which I called and left message, but never received a response.

I sent a certified letter on September 9, and received a notice at the end of September that my Motion to Vacate the Default was denied, followed by a check for fees I had paid. On October 1, the attorney acknowledged that the HOA accounting was flawed, but proceeded to file a Motion to Suppress Defendant’s Answer with Prejudice. My response was to file an Objection and send a check for $1443. On October 27, the attorney returned my check. On November 3, the Judge granted the attorney’s motion.

At this point, I have no idea if the Judgment is even the same one entered in June. I’d never received anything on research results, and since then they’ve received payments from June –November 2014, which is part of the accelerated payments. I’ve researched going forward with an appeal, but realize I’m at a disadvantage. Does anyone have any legal advice?

How does Massachusetts Homestead Act protect HOA's and condo owners?

Posted on Wed, Sep 17, 2014 @ 08:13 AM

Tags: Rules, Condo Assessments, condo law, Rights, Rules and Enforcement, Liens, condo assocations, Massachusetts, Massachusetts Condo Association

Massachusetts condo association

Does the Massachusetts Homestead Act protect elderly condo owners from having liens placed on their property or having a foreclosure initiated from unpaid condo association fees. It looks like most liens and mortgage products are exempt from protection, but this is a new wrinkle I am dealing with?

Condo association puts lien on owner's unit for non-payment

Posted on Fri, May 23, 2014 @ 09:45 AM

Tags: Assessments, Condo Assessments. condo association management, Board of Directors, Condo Assessments, Liens, past due condo association assessments, past due HOA assessments

condo unit assessment delinquency results in lien 052314 resized 600

Can the condo association put a lien on my condo unit for non-payment of an additional set of special assessment fees? I make my monthly condo fee and one set of special assessment fees payments on time. I just cannot afford to pay for another set of assessment fees. Help!

Management company places lien on property with no reason

Posted on Wed, Feb 5, 2014 @ 09:18 AM

Tags: Board of Directors, Liens

My mother who is 83, can no longer live in her condo and it is now for sale. In April, 2010, my mother was notified that she owed $300. The management company refused to give specific info on what it was for. On closing day, the management company informed all that there was a lien on the property and that she owed over $4000. Proof of payment was provided and after one week the management company has not responded. If this is not resolved, she will have to go into foreclosure and having to continue to pay condo fees will drain her resources. Any suggestion?

What are the rules about condo boards putting liens on owners?

Posted on Tue, Jun 25, 2013 @ 08:42 AM

Tags: Liens

Can a condo board or management company put a lien on a condo if the items the lien is for are not common assessments? This happened to me because I refused to pay for the items I was forced to replace because the replacements were not the ones promised but ones worth less than 1/4 the price and the cheaper items were damaged during installation because the installer had to alter them to fit since they were the wrong size. All common elements are paid for out of our maintenance fees and I am the only person who has this lien on my condo which says the lien is for a common assessment when in fact the lien is for non-common elements which are different than those I was to receive as proven by the serial numbers on the items installed. Does anyone know if a lien can be made up for uncommon elements since I never thought this could happen and never thought the board would not replace them with the proper ones promised but they did not and then put the lien on my condo. Any advise would be appreciated as I was amazed to see that the condo attorney called the items the lien is for common assessments which I always paid my maintenance fees and common assessments but I refused to pay for items I never received and I never received the items promised but cheaper ones that were made defective during installation.