A lien for unpaid assessments has been placed on your unit by the condo association - can they foreclose on your condo owned outright?

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You can find the answer you want in your governing documents.

Usually, regardless of the ownership status -- outright ownership or mortgaged -- unpaid condominium assessments represent an automatic lien on your unit's title.

Apparently, your board has filed a formal lien with the court based on these unpaid assessments.

Your governing documents may detail the extent to which the board can act, which might include foreclosure on your unit in order to recover these unpaid assessments.

(Your assessments pay communal fees, such as master policy insurance premiums, garbage and recycle fees, landscaping, utilities, and property management expenses, staff salaries, and more. Not paying your assessments means that you may be 'living on the backs' of your neighbors, because they are paying your share of common expenses.)

You live in a condo and fourteen people are behind in assessment can the board put a lien on the unit owners who own the largest amount?

Sure--if you would like to retain a discrimination law attorney. If the board decides to file liens against delinquent condo owners, then it must file liens against all delinquent owners, not just some, unless there is a good reason (such as some owners have set up payment plans). Be sure that any o (MORE)

Can a condo association take my condo after placing a lien?

Typically, yes, if it is a bona fide lien due to not paying your assessments or for a fine as a result of non-compliance with house rules. Note that laws vary from state to state, so it is a good idea to talk with an association-savvy attorney in your area for more info on your state's laws. Try t (MORE)

Can a condo maintenance company foreclose on a condo?

Read your governing documents and determine under which provision your condominium is being foreclosed. It isn't the maintenance company doing the foreclosing, it's the association's board of directors, perhaps through the maintenance or management company. A condominium unit can be foreclosed up (MORE)

How does a MN condo association file a lien to collect unpaid assessments?

Read your governing documents to determine whether or not assessments are automatic liens. Best practices indicate that you need to work with your association's attorney to file the necessary paperwork to officially file a lien document with the court, and officially notify the owner that a formal (MORE)

Can a condo association in Florida lien a condo and seize the property for late maintenance fees?

You can find the answer you want in your governing documents. Your monthly assessments cover bills the community incurs for community services, such as master insurance policy premiums, landscape services, property management services, sewer and water bills, and so forth. When you don't pay your (MORE)

How does a condo association foreclose on a unit?

By filing liens against the owner(s) of the unit. If the liens go unpaid, the association can foreclose on the unit and sell it in order to satisfy the liens. More Detail Foreclosing a unit to pay any monies owed to the association is usually a last step in a process that begins with the assoc (MORE)

If a condo management company places a lien on your condo will you be locked out of it?

First, the conodminium association placed the lien, the management company just did the paperwork. A lien is placed on your condo to make sure you can't sell it without the back debts being paid. It is done to protect the association. This is usually done when assessments aren't paid on time. If you (MORE)

Can condo foreclose over a lender?

It is possible that both entities -- the association and the mortgage holder -- have vested, monetary interests in a condominium unit. There may be no 'priority' as to which entity forecloses first, but your state law may dictate which entity occupies the 'priority' position insofar as the distri (MORE)

What happens to the first mortgage on a condo in Florida when the condominium association forecloses for unpaid association fees?

For the condo association foreclosure to be valid, the bank who holds the mortgage must be notified of the foreclosure action, and the mortgage company has the opportunity to do a couple of things:. They can pay the delinquent condo fees themselves, to protect their own interests, and force the bor (MORE)

How does our condo association foreclose and collect the amount they are owed?

Read the governing documents; look in the index under Assessments. Then read about the process for notifying the owner of a delinquency, the owner's right of appeal or petition, and other steps that may be required in advance of foreclosure. In any case, best practices dictate that you work with an (MORE)

What is included in condo association assessments?

Your annual budget, which a board member can provide you, lists the line items for bills the association expects to pay during the year with the assessment dollars it collects. Usually the line items include professional services, maintenance services and reserves contributions. Every condominium (MORE)

Can your condo association foreclose on your condo in California?

Yes. Read your governing documents to remind yourself of your legal obligations as a condominium owner. As well, you can read there the steps that an association must follow in order to foreclose on your unit, for example, to satisfy the debt you may owe for unpaid assessments.

Can a condo be foreclosed for not paying association fees?

They usually don't foreclose for a condo fee, but they will place a lien on the home, meaning it cannot be sold until the lien is resolved. You can read all about the association's responsibilities to collect condominium assessments and the process that can be followed in order to collect this de (MORE)

Can a condo association foreclose on an homestead property?

Your state law regarding homestead property ownership and those rights, obligations, responsibilities and how they relate to ownership within an association are both involved in the answer to this question. There is no national standard. A local, association-savvy attorney can help you answer the (MORE)

If you own your home outright and the condo association has placed a lien on it for unpaid condo association fees can they take your home if the fees are not paid?

Yes. Read your governing documents to verify that your monthly assessments represent an automatic lien on your title. When your board decides to file a formal lien, they are taking one of several steps they are entitled to take to collect the debt, including selling your condominium. (When you (MORE)

Is it legal to assess to rebuild reserves in a condo association?

Yes, it is legal to assess monies for reserves; a special assessment may be required. You can read your state condominium law covering reserve accounts, and then read your governing documents concerning assessments and special assessments. Apparently, your association had reserves funded at some l (MORE)

Can your condo association file a lien against you when your dues are unpaid in Florida?

Yes. Read your governing documents and understand your obligation to pay your monthly assessments. There, as well, you'll find the process that the board is required to follow to collect this debt that you owe. When you ignore letters, filing a lien may be the next step. One of the final steps (MORE)

What happens if a condo association places a lien on your property for a fine that you believe is unfair and do not wish to pay?

In your governing documents, including board meeting minutes, you can find the violations list, the fine schedule and the process the board must follow when you violate the 'rules' (which you agreed to abide by when you purchased your unit). If you believe that you did not violate the rule, you can (MORE)

In case the mortgage balance is substantially higher than the market value of a Florida Condo does it even make sense for an association to file a lien for unpaid dues?

It all depends. If the governing documents for the association and state law indicate that assessments -- you call them dues -- are automatically liens against the title, and have a priority position ahead of any mortgage lender, then filing a lien means that the unpaid assessments can be paid fi (MORE)

Can condo assoc located in Illinois place in unit owners credit report unpaid assessments?

If you owe assessments that are unpaid, you are in violation of the financial agreement you made with the association. The association is required to pursue you to collect this debt. You can read your governing documents to remember your obligation to pay assessments, and understand the steps t (MORE)

How can a condo assoc have unpaid assessments show up in owners credit report?

Your assessments cover your share of the expenses that the association pays to operate and preserve the property that you own. If you enjoy the amenities without paying for them, essentially you're asking your neighbors to pay your bills. If you don't pay your assessments, you have an unpaid debt (MORE)

Do condo association assessments maintain a legal lien on an apartment property post a foreclosure auction In Florida?

If your question is: Are assessment dollars used to file a lien on a unit? the answer is 'yes'. If your further question is: Are assessment dollars used to pay for the process of foreclosing on a unit? the answer is 'maybe'. Read your governing documents to understand the association's respons (MORE)

Can you charge reoccurring late fees on unpaid condo assessments?

Read your governing documents to determine the process and structure of late fee charges. If you are behind one month, and the late fee is $30 per month that you are behind, and you continue to pay one month late, it's reasonable that you are fined $30 for each month you remain behind in paying yo (MORE)

Can a condo association place a lien on a property for non-payment of association fees?

Yes. The association can file a lien on your unit's title, which clouds it and which shows up on your credit rating. Read your governing documents to remind yourself of your contract with the association to pay your assessments, which the association uses to pay the expenses of operating the comm (MORE)

How do you put a lien on a condo in your association?

Work with your governing documents, your property manager and your association's attorney to file a lien on a condominium unit. Before filing a lien, verify that the board has followed all the notification steps required in order to offer the owner an opportunity to conform to the governing docume (MORE)

How do you file a lien on unpaid condo fees in New Hampshire?

Read your governing documents to understand what's legal in your community and state. Usually, the association's attorney gives notice, which is required, with an opportunity given to the errant owner to make an arrangement to bring the account current. Once this process is complete, if the unpaid (MORE)

Can one unit owner own 2 units in a 3 unit condo association?

Read your governing document to determine if there are anyrestrictions in this situation. As well, in this situation, the 33% and 66% numbers can be redflags for insurers and mortgage lenders given current restrictionsinvolving percentages of ownership..

Can we file a lien yourself on unpaid condo fees?

If 'we' is the association board, then this task is best accomplished with the help and knowledge of an association savvy attorney. There are official and formal steps that must be followed in advance of filing a lien, that must bear legal scrutiny in order for the lien to be valid. These steps (MORE)

Can you be on a condo board if it is being foreclosed?

If the association is participating in a bankruptcy process as thepetitioner, the association needs your participation. If, however, your unit is being foreclosed upon, read yourgoverning documents to determine whether or not you still qualifyto participate as a director -- your ownership now bein (MORE)

What is a condo association?

A condominium association is a legal entity, often a state-registered corporation, made up of members who own condominium units. Read your governing documents to identify the particulars of your association, and how the state's corporate guidelines affect the business conducted by the association (MORE)

How many units can be rented in a condo association?

Your answer depends on several variables, including your governing documents and any amendments or By-laws that address rentals. If they are silent, please consider: . One key issue with rentals in condominium associations is this: Mortgage lenders will not loan money to buyers to buy into the as (MORE)

Does the furniture go with the condo you foreclosed on?

In a foreclosure ONLY the real estate is affected. Unless the condo was originally purchased fully furnished - the furnishings are the personal property of the owner who was foreclosed on and are not subject to seizure by the lender.

Can your condo association put a lien on your condo if you haven't been able to pay your maintenance fees?

Short answer: yes. Longer answer: If you are unable to keep up with paying your assessments, it's always a good idea to relay this information to your association management company and work out a payment plan. Working out a payment plan demonstrates your good intentions to pay what you owe. Igno (MORE)

Can a condo association President vote for unbuilt units If so is he responsible to pay association fees and special assessments for the voted units?

Your answer is complex, and requires precise definitions. Usually, unbuilt units have no voting rights, because there is noallocated interest in the association's assets for unbuilt units. If the association president is not the developer, the presidenthas no vested interest in voting for units th (MORE)

How do you record a condo assessment lien in Texas?

Regardless of the state where the property is located, best practices dictate that you work with an association-savvy attorney to file a lien for non-payment of assessments.. There are too many types of liens, too many procedural steps to follow -- any and all of which an owner can use to void the (MORE)