What are the consiquences of a Condominium Association putting a lien on your condominium home in Ohio?
If Ohio is like most other states, the recorded lien effectively clouds your title, so when you attempt to sell the unit, the lien shows up in the title search. As owner, the lien may also appear on your credit rating.
The lien must be lifted in order to pass clear title along to a new owner.
The lien must be lifted in order to pass clear title along to a new owner.
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Real Property Liens . A lien encumbers the named property until it is paid or satisfied.\n. \nIn most cases the property cannot be transferred, sold or refinanced unless an agreement is reached with the lien holder.\n(The exception being marital property held as Tenancy By The Entirety when only… one spouse is the judgment debtor).\n. \nIt is unclear what the term "taken to court" means. One possibility is that the lien has been perfected making it a secured debt and the lien holder is requesting the court to order a forced sale of the property. ( Full Answer )
You should contact the law firm that represents the condominium and learn how condominium liens are handled in your state.
Usually just the person that owns the condo. . Review your governing documents to understand the qualifications for board membership in your particular community. No two states establish the same requirements; as well condominium governing documents will vary wildly on this point. During the d…eclarant control period, when the project is new and the developer/ builder is still selling units, the declarant may have special rights of board appointment. Reasonably, however, in established condominium communities, being an owner is generally a requirement. In many communities, being a resident is usually preferable, although it may not be required. ( Full Answer )
Usually, the association must be dissolved in order for the association to cease. (It may not be in good standing under the guidelines of the Secretary of State, but not filing your annual renewal -- if one is required in your state -- but this may not automatically dissolve the association.) Yo…ur governing documents may provide a process or method of dissolving the association. Dissolution usually occurs in the case of a disaster that essentially destroys the physical structure. Dissolution may also be used when the project's developer has established an association favourable to the developer and then the developer abandons the project. Remaining owners, including the developer's lenders, may choose to dissolve the faulty association and form another that is more useful to the operation of the community. NB: The status of the association is the business status; the declaration status, which is the land-use status, is not affected when the association's status is changed. ( Full Answer )
Your association placed a lien on your property based on your failure to pay your assessments. The easiest way for you to clear the lien is to pay the debt you owe and ask the association to release the lien. (Assessments pay for the maintenance of the property that you own together with all t…he other owners in the association. You agreed to pay assessments when you purchased your property.) Your board has attempted to collect your unpaid assessments, and is chartered by your governing documents to collect this debt. The lien clouds the title to your property, so you will have trouble selling it without paying the debt and authorizing the association to release the lien. A clouded title can become problematic should you desire to refinance your home, take out another mortgage on it or otherwise use your title as collateral. In addition, a lien against your property will probably appear on your credit report. Some associations can also foreclose on your property and sell it to satisfy the debt that you owe. Your governing documents will clarify where in the collection process, filing a lien might be positioned. ( Full Answer )
The word condominium generally means sharing ownership with others. A condominium is legal arrangement whereby multiple owners share ownership of real property. A portion of the property in the form of units is individually owned and the rest of the property is owned in common with all the unit owne…rs subject to the provisions of the Declaration that created the condominium and to the provisions of state law. Generally, a condominium project is a form of fee ownership by which several owners share ownership of a building(s) by each owning their respective units. In addition to their unit, each owns a proportionate interest in the land that forms the condominium property and common areas of the condominium such as pools, recreation areas, game rooms, community rooms, elevators, stairwells, corridors, streets, surrounding land, laundry rooms, and unassigned parking areas. By the acceptance of their unit deed each unit owner agrees to have their unit subject to the provisions in the Master Deed. Although a condominium is governed by statutory law, can promulgate rules and regulations and assess monthly maintenance fees, the ownership of a condominium unit is considered a fee simple estate. ( Full Answer )
They can put a lien on your house if they have obtained a judgmentagainst you. Then, when you sell your house, you will have to paythem first.
No. If the dish is mounted in an area you have exclusive use over. Here is the FCC guideline: www.fcc.gov/mb/facts/otard.html . Your governing documents may detail the process to follow in order to receive written permission to install a dish. A dish can be limited in its size, its shape and in… its installation footprint. If you did not follow the documented process in order to receive written permission to install the dish, the association can remove it and charge you to repair the limited common area where you installed it. Removing it may also be possible if it violates any of the parameters listed in your documents. If you are a tenant, generally you must receive written permission from the unit owner, which in turn must be requested from the board, as above. ( Full Answer )
You can read your governing documents to be reminded of your obligation to pay your monthly assessments. As well, you can find the process that the board follows in order to collect this debt from you. It may include ultimately selling your unit in order to satisfy the debt, and may include filin…g a lien on your personal property, including your car. ( Full Answer )
The association filed a formal lien with the court, on your condominium home -- probably -- for unpaid assessments. (Your monthly assessments pay bills to vendors who service the community, such as sewer, water, garbage, master insurance policy premiums, landscaping and so forth. When you don't pay… your assessments, essentially you ask your neighbors to pay your bills.) The effect of the lien is that the title to your ownership is clouded. A lien can appear on your credit report. In order to sell your unit, the lien must be paid and the lien lifted. Read your governing documents to determine the steps that your board can take to recover the monies you owe, potentially including foreclosing on your unit in order to satisfy the lien. ( Full Answer )
Your governing documents specify the process the board must follow in order to collect unpaid condominium assessments by filing a lien. In some states and counties, assessments automatically become liens against the title to the condominium unit, however the lien must be filed in order to be collec…ted. The board or its attorney can file a lien with the appropriate court in the state or county where the condominium is located. ( Full Answer )
A condominium association is the business entity involved in condominium ownership. The condominium association is usually a non-profit corporation, and is listed with the Secretary of State in the state where the condominium community is located. The Secretary of State's records are usually public… records. As well, residents and owners of a condominium community should know who sits on the association's board of directors, and their contact details. You can also contact a condominium association through its property manager. ( Full Answer )
Your question depends on the location of the association -- which state -- and the vendor that the association proposes to pay. If, for example, you hold your Annual Meeting at the local sports palace, and you agree to a no-host bar, a buffet of snacks and use of the club room, the venue will proba…bly charge you sales tax, which you should pay. If there is no sales tax in your state, or if you believe you have a tax-exempt status, you may pay no tax. You need proof of your tax-exempt status from the state agency where the association is located before you book the venue. ( Full Answer )
Read your governing documents to understand what details must be included in a letter you plan to send to a unit owner to collect late assessments. You may also want to include additional steps you plan to take if the late assessments are not paid. You can include in your letter, the language fro…m your governing documents that outline an owner's legal responsibility to pay assessments. Finally, you may want to work with an attorney, so that you follow the guidelines established by your governing documents for collecting assessments. If you fail to follow the guidelines, your owner who is in arrears may be able to delay paying even longer, based on a technicality. ( Full Answer )
Yes, a condominium can put a lien on your condo. The condominium depends on your payments to keep up the common areas. As a result, it has the right to collect its fees plus interest when you sell it if you do not pay your assessments and a lien is filed. As well, the association may be able to sell… your unit in order to collect these unpaid assessments. Read your governing documents to remind yourself of your agreement to pay assessments and of your association's responsibility to pursue you until the assessments are paid. When you do not pay your assessments, you're essentially asking your neighbors to pay your bills. ( Full Answer )
Yes. If there is a balance due on the loan and the creditor has obtained a court judgment.
You buy one. Or you might inherit one. Or you might receive one in trade.. In any event, in order to own a condominium, the deed to the real estate must be in your name.
All condominium associations are led by boards of directors,because the association is a corporation. Some board members -- and too many owners -- fail to read thegoverning documents established to guide the business of theassociation. As a result, the board may not act in leadershipmode , which c…an be a pitfall. When owners fail to read their governing documents, or for whateverother reason, fail to pay their monthly assessments, theassociation may not have enough money to pay its communal bills.These services might include, sewer, water and other utilities,master policy insurance premiums, landscape expenses, preventativemaintenance items, and so forth. As a result, the condominium association can find itself in acrisis, whether caused by poor management or by a natural disaster,and have no guidance for surviving the crisis. When an owner considers buying into a condominium, due diligenceincludes reading the governing documents, and the last three yearsworth of board meeting minutes and association financial reports. A condominium association in crisis or on its way to a crisiscaused by poor management can be easy to spot, and therefore avoid.Such an association would also be one to avoid, because it mightnot be able to recover from a natural disaster. Finally, depending on the location of the condominium, -- statelaws apply -- a new development's association can be in danger,because the association is not well formed, or is formed by thedeveloper and does not effectively represent new owners. Another Perspective In many cases the association isn't sustained and no one is incharge. Many have been abandoned by their developers before astrong until owners association was established. No entity collectsthe common fees, no one is in charge of maintenance and upkeep, noone enforces the rules and regulations and no one is in charge ofrepairs. This has happened with many condo projects that were notcompleted before the market crashed in many regions. Also, manyassociations attract people who like to be in charge as an egobooster but do not follow through on their responsibilities. ( Full Answer )
The governing documents for the condominium association, known as Covenants, Rules, Regulations and Restrictions (CC&Rs), the associated By-laws and any Board Resolutions constitute the steps and processes involved in an eviction process. As well, there may be state laws regarding eviction that mus…t be followed in order to evict anyone from any type of real estate. No two condominiums are exactly alike, regardless of where they are located. One of the things that makes them unique is the governing documents. ( Full Answer )
Usually the declaration (decs) includes the Articles of Incorporation for the association, the covenants, conditions, restrictions and reservations (CC&Rs), and the by-laws. The Articles of Incorporation facilitate the association's ability to legally do business with a state, usually as a non-prof…it corporation. The CC&Rs -- you can think of them as the constitution for the association: they are not easy to change or amend. By-laws -- you can think of them as the 'rules': they are easier than the CC&Rs to change or amend. In addition, the board may pass Resolutions regarding specific issues, such as the process for collecting assessments, establishing rental restrictions, move-in/ move-out guidelines and fees, responsibilities for bank-owned units, and so forth. All of these documents make up the governing documents for an association. ( Full Answer )
When a condominium association has a right of first refusal in their declarations what does that mean?
It depends on what the association has '...a right of first refusal' over.. Legally, the right of first refusal is a contracted right that gives the holder -- association in this case -- the option to enter into a business transaction with the owner -- probably of real property in this case -- acco…rding to a unique set of terms, before the owner can enter into a transaction with a third party. If the association has the right of first refusal over the purchase of a unit, then, in order to sell the unit to a buyer other than the association, a seller must first offer the unit for sale to the association, and the association must refuse to purchase the unit. Once the transaction has been refused, the owner can sell the unit to a buyer other than the association. The terms of the right of first refusal can include a price, a payment plan and so forth. ( Full Answer )
A stipulation of settlement indicates that the parties to a legal dispute have arrived at a formal agreement resolving their dispute. If you are one of those parties and the other side has presented a stipulation of settlement and you don't agree then you will need to fight it out in court. Your bes…t option is to engage the services of an attorney and present the attorney with the facts, so that the attorney can represent you and your interests in the settlement. ( Full Answer )
You can find an example by contacting an attorney in the District of Columbia. As well, your governing documents may provide details you need to include in a lien, meaning that it is an original legal document and requires crafting by an attorney.
It's a good idea to check with the current owner -- the bank, or whomever owns the unit -- before entering it. For safety and security reasons -- to inspect for potential frozen pipes, turn off the hot water heater, set minimum heat in cold winter months, and so forth -- the association may be in a… more immediate position to ascertain what tasks must be completed to verify that an empty unit poses no hazard to the community overall, than the current owner. Your governing documents may also describe the minimum notice period and form of notice required prior to unit entry, with the extra tip that posting a notice of intent to enter on the door might be a good idea. Upon entry, it will be a good idea to document the tasks to be performed, the names of the people who entered the unit -- usually two -- the time and date, and other key details. Leave a copy of the entry log on a counter in clear view, simply to produce transparency in this board action. ( Full Answer )
You can take a free, online course that will help you understand the fundamentals of association leadership, using the link, below. Otherwise, your duties and responsibilities are also detailed in the governing documents of the association where you serve as president of the board. The free cours…e will give you broad basics; your governing documents will give you the particulars of your presidency. ( Full Answer )
Depending on the state where you live, there are official documents that must be prepared and presented to the association from the developer at the end of the 'declarant control period'. As well, the public offering statement given to each buyer of a new unit by the developer clearly spells out …the several scenarios that can mark the end of the period. It may be some number of years after the first sale; some number of years without adding new units and so forth. Primarily, it is imperative that the developer turn over plans, warranties, designs, and so forth, to the association, so the association can maintain its real estate assets. This is an official step that is best taken with the guidance and leadership of counsel. ( Full Answer )
What is the procedure for a condominium association to file a lien a condo for montly dues on a condo that the bank is foreclosing on?
Overall, every state handles these matters differently from every other state. You need a condominium-savvy attorney to help you recover this debt at this late date. Effectively, a lien must be filed with the local court.
According to Community Associations Institute, the latest numberavailable, for 2009, indicates that there are 60.1 millionresidents in 24.4 million housing units located in 305association-governed communities in the United States.
Read your governing documents where you can find the process to remove a director. Usually, this is done by an uber-majority vote of members: 67% or two-thirds or some number greater than a simple majority, in a public meeting called by the board where a quorum (of board members) is present. If… your association is a corporation registered in your state, you can update the state records to indicate the new makeup of the board. ( Full Answer )
It depends on the status of the person or who the person is. . If the person is simply another member of the association, and is not entitled access to the exclusive use area, then permission is probably required. . If the person is a board member, this person may be automatically entitled acces…s to the area. . If the person is an employee of the association, this person may be required to access the area. If however, you find your neighbor wandering around on your exclusive-use deck (defined as limited common area assigned exclusively to your unit), you may want to inform your neighbor of the guidelines. In case of an emergency or the appearance of an emergency, there is no time to struggle with permissions. Read your governing documents to determine when permission is required, and the process by which it is granted. ( Full Answer )
Your broker can explain this concept to you given your particular situation in your state.
Your governing documents are specific about amending your by-laws, because this process is different in every community. The steps may include: . Working with your association's attorney to craft the resolution or other-titled amendment; . Notifying every owner of the purpose of the resolution, …and providing every owner a copy of the amendment; . Establishing a voting process that could include proxies and ballots; . Counting the votes, broadcasting the results to the membership and filing the amendment as a permanent addition to your community's governing documents. Usually, it's easier to amend the by-laws than to amend the covenants, conditions, restrictions and regulations (CC&Rs), because both are amended by a percentage of votes of the membership. By-law amendment is typically 51% or a majority, and CC&Rs amendments is typically a super-majority, such as 67%. ( Full Answer )
Generally, a condominium is a collection of multi-family units and an HOA consists of single-family units. However, this generalization is not always exact. Both are ownership styles of real estate, where owners own individual units and own common areas in common with all other owners.
It depends on the type of lien and the state where the condominium is located. You are best advised to hire an association-savvy attorney to help you. If you are a vendor filing for unpaid work, you have a different set of issues than if you are the association filing a lien for unpaid assessment…s. ( Full Answer )
Generally, liens for non-payment of assessments remain on the title to the property indefinitely and can be reflected in the owner's credit report. A lien placed on the title by a contractor may have different parameters that one placed on the title by the condominium association. Your best answ…er will be given to you by an association-savvy attorney after you present a copy of the lien for an explanation. ( Full Answer )
A home is where people live. A house generally means a single family house surrounded by a lot. A condominium is a form of real estate ownership that can be applied to units within a high-rise building, a multi-family residential building, plots of land where people park mobile homes part of the …year, boat slips where people store floating inventory, storage and shop business parks where people own individual units, and more. Condominium ownership implies that an owner owns a 'unit' individually, and owns common areas in the complex in common with all other owners. Owners pay assessments to fund operation of the complex. Generally, condominium associations are non-profit corporations. ( Full Answer )
The association's master policy is the insurance you reference. Your master policy broker will be able to answer your question for you. Otherwise, your tenant's policy or owner's HO-6 policy may have coverage. Again, contact your broker who can give you the answer you need.
Can a condominium association put a lien on the unit owner's business account when the unit is owned by the individual and not the business?
There are several kinds of liens, one of which is generally established automatically in your governing documents, based on your promise to pay your assessments. The association's attorney can formalize this lien and cloud title to your unit ownership as a way to force payment of the monies you owe …and have promised to pay. Another type of lien may require a court proceeding and a judgment against you, in which case, the association may be able to attach whatever assets you own. You are best advised to seek counsel in this matter to better understand why the lien is being attached to your business account. Another option is to simply pay the money you owe and ask that the lien be cleared from your record. Answer Many people own "business accounts" as individuals. Unless you are incorporated or registered as an LLC or some other type of legally recognized business entity then your business account is part of your individual assets and can be attached by your creditors if they can find it. You may have paid some bill at your condominium by using a business check. That would have alerted the association of its existence. Protecting personal assets is one of the main reasons why many people spend the money to set up a corporation. By doing that you can separate your personal assets from your business assets. If you operate under a DBA that does not allow you to protect your business assets. It's only a name. If your business is incorporated the condominium association cannot legally attach that account for your personal debt. ( Full Answer )
Read your governing documents to determine who owns the assets that were vandalized. Your first task is to document the vandalism and report it to the police. Depending on the vandalism, you may be forced to separate the repair from who pays for it. Best practices dictate that you work closely w…ith your board of directors and your property manager to identify the full extent of the damage, find vendors who are licensed, bonded and insured, to repair it, then file claim(s) against the appropriate insurance policies to pay for the repairs. ( Full Answer )
Is there an existing list for condominium associations and home owners assciations for the state of Illinois?
In direct answer to your question, probably no official list exists. (Many of us want the same answer, but for our own counties and states. About 60% of the urban population of the USA, which is about 80% of its population, live in 'commonly owned housing', such as condominiums, co-ops and home o…wners associations.) That said, we have several options. . You can crawl through the hall of records in each county, and determine from land-use records, which plats/ plots in that county are under a common ownership deed. . You can sort through the Secretary of State's records, to locate associations -- usually non-profit corporations -- that operate common real-estate-based, ownership corporations. . Discover a list from the industry experts -- Community Associations Institute (link, below) -- for the locale that interests you. (NB: Their list is populated by members: non-members are not listed.) Locally, you also have the option of establishing a forum of owners, and ask owners to gather on a regular basis to discuss their situations. This way, you'll discover the few developers, attorneys, financial experts and property managers who focus on this niche within your locale. ( Full Answer )
Yes, many (and maybe all) condominium associations have boards of directors. This style of real estate ownership -- an association -- is a business. The business is properly registered with the Secretary of State (the location of the community) as a corporation, usually a non-profit. Business re…quire boards of directors in order to operate the business of the association. ( Full Answer )
There is no standard cost for an appraisal. This work is generallybased on the scope of the work, which varies according to whocommissions the appraisal, the type of appraisal and the size ofthe property being appraised. A local realtor can give you a better idea of what is common inyour geography f…or the kind of appraisal you want. ( Full Answer )
So long as y our licensing work holds no conflict of interest withyour volunteer work as an association president, this should beworkable. Be aware, however, that you may not influence the association inany way in any matter involving a community license for thatassociation. If such a topic comes u…p, you must recuse yourselffrom any dialog and any vote, noting your conflict. ( Full Answer )
The purpose of the condominium association insurance is to guard the tenants from having to pay for water damage caused by leaky faucets or from damage to the structure of the rental establishment. The purpose of the condominium association insurance is the same as any other insurance policy and th…at is to have in place moneys that the tenant do not have to pay in the event of a mishap to the structure of having lived in the dwelling. ( Full Answer )
Can the rules and regulations of a Connecticut condominium association prohibit an occupant from keeping legally purchased ammunition in his or her home?
You should consult with the attorney who represented you when you purchased your unit. There are multiple issues that need to be reviewed. First, when you purchased your unit you agreed and consented to be subject to all the rules and regulations of the condominium. That is the reason why the gra…ntee must also sign a unit deed for a condominium. Second, you need to check both state and local gun laws. ( Full Answer )
Condominium owners pay assessments in order for the association tooperate the community. Boards must collect assessments, and when they are not paid, theboard can file a lien for the amount due, against the title of thenon-paying owner. Best practices dictate that this is an action for associationc…ounsel, since a poorly formed or improperly formed, or poorly orimproperly filed lien, gives the debtor an almost automatic out ofthe debt. ( Full Answer )
Can you go back to your condominium that you still own if you did not pay the Condominium Association?
Your access to your real estate may or may not be affected by your non-payment of assessments that you owe. For example, if the association has filed liens on your title and performed other acts to collect your past-due assessments, they may have taken the final step which is to sell your unit to …pay what you owe. If this is true, you should be well aware of the status of your access. As well, the association may have changed the locks on the entry doors. If, however, no action has been taken by the association to collect your past-due amounts, you may well be able to 'go back' to your condominium. That said, once you re-establish residency or attempt to rent the property, your association may begin or renew actions to collect what you owe. Best practices dictate that you work with the association to 'clean up' your obligations. ( Full Answer )
Your answer depends on who owns the sockets. If the sockets are available in a common-area, open garage area,and the association pays for the electricity, they may be able tolimit your use. If the sockets are in your attached garage and you pay theelectricity, the association may not be able to lim…it your use. If you are charging an electric vehicle, the consumption ofelectricity can be much greater than average. It is reasonable thatthe association would limit your access to this utility, given thatcharging a car could be considered excessive, and the utility ispaid by all owners. You may be able to work with your association to establish acharging station in an open garage area, where you alone can bemade responsible for the expense. ( Full Answer )
The definition of condominium ownership is contained in theland-use documents filed in the local hall of records by theoriginal developer. In order to convert the land-use to another use, you are bestadvised to find a local, common-interest-ownership-savvy attorneywho can help you understand the pro…s and cons of both types ofcommon interest communities. As well, this attorney may be able tohelp you convert the land-use to the one you want. ( Full Answer )
Generally, tenants are required to live in condominiums in the sameway that owners are required to live there. Several steps must bein place, however, according to best practices, in order for anassociation to evict a tenant. First, there must be evidence that the tenant has been given allthe pertin…ent documents that outline how an owner lives in theproperty. Then, that the owner sent a copy of the lease with thetenant to the board, and prior to occupancy, cleared theprospective tenant's financial and background reports to theowner's satisfaction. The association must have been involved in addressing any 'rules'violation against the tenant through the owner, that have not beensatisfied by the tenant or the owner. Finally, the association's records must show that the board has thepower to evict a tenant, given an owner's inability to do so. ( Full Answer )