Can a condo association list your name as delinquent in a newsletter to your neighbors?
Depending on where you live, this could be common.
In Japan, for example, people who do not pay assessments on time can find their names written on a board in front of the elevator on their floor. Cultural peer-pressure is apparently at work in these situations.
In the United States, associations that follow best practices do not list delinquent owner's names in documents for publication, but are required to list at least unit numbers -- a uniquely identifying notation -- in board documents, such as monthly financial statements.
You can request that the board resist publishing names of delinquent owners in their newsletters and instead, use unit numbers. You can also request that the board not publish any delinquent details to the neighbors, but the board makes the final decision.
Ideally, of course, owners pay their assessments and do not become delinquent, thereby eliminating any need to publish any data about the owner.
The condo association may file a lien against your condo unit. If you still don't pay the dues you owe, the condo association may sue you to foreclose on your condo. I highly recommend working out a payment plan with the association, if possible. When you don't pay your assessments, essentially you ask your neighbors to pay your bills. Read More
Condo - 1983 The Neighbors 1-1 was released on: USA: 10 February 1983 Read More
If condo association forecloses on an owner does the lender pursue deficiency judgment against the owner or condo association?
Your attorney can help you answer this question, since it requires a legal answer. Read More
Absolutely, yes. The association may be incorporated as a profit, not for profit, or an unincorporated association. Read More
State Farm, Progressive and Geico are some well known companies that offer condo association insurance policies. There are local and lesser known companies such as Melendez Insurance that offer condo association insurance policies also. Read More
Condo property management can be found from websites such as Condo Inc and All Property Management. Another example of a website is Condo Association Management. Read More
What happens to the first mortgage on a condo in Florida when the condominium association forecloses for unpaid association fees?
A creditor that has perfected its lien by a court action can take possession of a property as a result of the debtor's failure to pay their debt. An HOA that has a lien on your property for unpaid fees can take possession of your property by foreclosing on that lien. Generally, in the case of an outstanding mortgage, the HOA would take possession of the property subject to the mortgage. However, the mortgage would… Read More
The governing documents for the association spell out eviction processes. They also detail the steps that the board can take when an owner falls delinquent in paying their assessments. One option could be to step into the revenue stream enjoyed by the owner from the tenant, as a way to collect past due assessments. The additional document you need is your lease or rental agreement, which may also spell out your rights. Finally, you can… Read More
Most associations have a collection policy. The policy should be drafted by an attorney who specializes in condominium law. Generally, a delinquent owner is first notified by a demand letter explaining how much is owed and that legal action will be taken if the delinquent fees are not paid immediately. If that doesn’t work the association can file a lawsuit in the proper court depending on jurisdictional limits. If the association prevails it can obtain… Read More
You already have a lien against 2 condos. the question is how do you get your money since they are ignoring the lean?
my condo association already has a lien against 2 condos who are seriously delinquent in paying their services fees. so now how do we get our money since they are ignoring the lien? a.k. Read More
It depends on who publishes the newsletter and in whose name. If non-board-member owners publish a newsletter and follow the delivery guidelines outlined by the board or by governing documents, and claim authorship of the newsletter, then no board approval is be required. If, however, non-board-member owners publish a newsletter in the name of the board, then yes, the board should approve this newsletter. Read More
Only if the Condo Association allows it. It could otherwise fine you. Read More
Yes. You can request the status of the association from the Secretary of State where the association is located. Read More
It should go on your neighbors insurance, he's the one whos responsible for the damage. Read More
You don't describe how your 'association is delinquent', so it's difficult to answer your question precisely. However, if the board is in violation of the governing documents, non-board member owners must gather to remedy the situation, potentially by electing a new board. The 'new' board needs the advice of counsel to determine how to recover from the actions or inactions of the delinquent association. Once a remedy is in place, selling your unit should be… Read More
Some know, some do not know. Condominium-savvy owners understand that they purchased property that operates as a private democracy based on the governing documents in effect over the association. People who do not understand the ownership, business and operational structure of the association often behave in ways that affect the association, their neighbors, and themselves in adverse ways. Read More
no but trying to If a condo owner falls more than 90 days in arrears of association, the right to use common areas can be suspended by the association until such dues are paid. Read More
Some condo association management companies in Chicago include Root Reality, Inc and SGJ Property Management. You can learn more about these companies online at their respective websites. Read More
Fiile a noise complaint with the Condo association and if that doesn't work, the local police department. Added: Loud noises from whom or what? The Condo Association MAY have control over some annoyances but for others you may need the police (as advised above). Speak to your Condo Board of DIrectors to see if they can assist you. Read More
Yes. Your association counsel can guide you as to which documents must be filed and where each should be deposited. Read More
A proxy is a document signed by an owner that gives the signer's association vote to another person. Read More
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. Ignoring attempts to collect what you owe demonstrates your willingness to require that your neighbors pay your bills. Read More
Read your governing documents to determine the service period for all directors of your association. Read More
No, only defined "common areas" owned by the condo association are considered common areas, and unbuilt lots usually belong to an individual (e.g., the developer or an investor). If the association owns them, they are most likely reserved for sale to a future tenant/builder, although the proceeds of the sale will go to the association. Read More
IF my upstairs condo is untouched by a flood but the building's ground floor is damaged so badly that the entire building is unlivable would my flood insurance protect me?
Let's first review what a condo is. A condominium is an arrangement in which you own your own living space outright (your condo apartment), and you share joint ownership (with all the other condo owners) of the common spaces. There will be (at least) two insurance policies in effect: (1) the condo association policy, which covers (at least) the common areas, and (2) your own personal policy, which covers the contents of your condo apartment… Read More
The board or the association manager can answer your question. Read More
Yes. This is usually a last resort, but it is possible. Read More
Yes. The association's financial advisor can help you. Read More
Live in condo.. A unit owner repeatedly found urinating in garbage bin on condo grounds. What can the association do to this individual?
This sounds like a situation for the police. Read More
You can request a copy from your association manager, or broker who sold the master policy coverage to the association. Read More
Depending on the context, it may be an umbrella association that oversees or is related to a group of individual condominium or other land-use associations. Read More
Typically, each condo association has their own Declarations and By-Laws. What may be acceptable in one association may not be in another. Refer to the one associated with the Condo in question. If you don't have a copy ask your association. If you need help reading the verbiage, it is best to ask for legal assistance. Read More
A condo association is a term that is used to describe a group of common ownership communities. They have the right to collect fees, regulate rules and put liens on homes. Read More
You would have to find out the laws associated with your house, condo and/or land agreement. Read More
Your association manager or board may be able to answer your question. Read More
Can a condo association sue the owner with default dues when the owner doesnt live there or already live out of state?
Read your governing documents to establish the process required in order to pursue a delinquent owner for past due assessments. So long as the owner retains title to the unit, the board is required to collect the debt, regardless of the owner's physical location. Read More
Can a New York Condo association collect rent from the tenant if the unit owner is delinquent in paying common charges?
There is no universal rule or law to that effect in New York. You need to check the rules and regulations in any particular condominium. Condominium Master Deeds generally reserve the right to amend existing rules and regulations and and adopt new ones. New rules are being passed that facilitate the collection of delinquent condo fees and assessments. Many condo associations have adopted a new rule that allows associations to collect rent from tenants when… Read More
Your association attorney is better prepared to answer this question in your particular situation. There is no standard. Read More
That would be a silly thing to do. What about the rest of the structure and liability? Read More
Depends on your MAINTAINENCE agreement Read More
Condominium living implies assessments, regardless of the amenities owned by the association. Read More
A local insurance broker can answer your question. Read More
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 offer to pay the delinquent fees without a lien is extended to all delinquent unit owners, and no delinquent unit owner gets a… Read More
Yes. Read your governing documents to remind yourself of your legal obligations to the association, and the association's responsibilities, which may include foreclosing on a unit in order to, for example, satisfy a debt because the owner refused to pay monthly and other assessments. Read More
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 debt in your governing documents. Foreclosing on your unit is usually an option, and the last one that an association would probably pursue. But… Read More
A Condo association purchases coverage for parts of the property that are commonly owned by the people who own Condos in the development. This is why you pay dues to the association, for insurance and taxes on common property. Most Condo agreements means that you own the property from the bare sheetrock inward, meaning you own the paint, floor covering, furniture, appliances, etc. The commonly owned property is things such as sidewalks, roof, walls, pools… Read More
Not sure what you mean by a barter, but a condo association generally has a set budget and set types of expenditures, such as keeping up and decorating the clubhouse and other common areas. As long as the barter is not specifically prohibited by the association agreements, and the budget is there, and the association uses the appropriate channels to purchase and install this item, yes, they can. Read More
Own a single level condo on 2nd of 3 floor complex 2 Bathrooms and when I return home there is a sewage-like odor in both bathrooms but nowhere else and no signs of leakage Any ideas?
Check with your neighbors for similar symptoms, report what you find to the association, and request that an investigation take place. Read More
The powers of the Condominium Association regarding a default on condo fees should be set forth in the Master Deed, Rules and Regulations and Declaration of Trust if there is one. The procedure for collecting unpaid fees should be set forth in those documents. The Condminium Association should be able to record a certificate of unpaid condo fees. Read More