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 specifics of your question.
Best practices dictate that you work with a common interest community lawyer in Texas to clear up the situation. Take your homestead documentation and the foreclosure documentation to the meeting and learn more about your options.
Yes. This is usually a last resort, but it is possible.
You'll need to be more clear about what's going on here. The "condominium" is a building. It can't "foreclose". The condo association can't "foreclose" on you either, since they don't hold title Only the title holder (i.e. your lending institution) can foreclose on the property.What the condo association can do is obtain a lien against the property. This is money you owe them, and if you try to sell the property, they're allowed to collect the amount of the lien out of the proceeds before you see a dime. If the lender forecloses on you, the lien from the condo association doesn't go away; you still owe it, but in this case the condo association will probably take you to court to recover it, most likely by garnishing your wages unless you have sufficient assets to pay it off.
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.
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 borrower to pay them back. If the borrower is unable to repay the condo fees, it could put the mortgage payments in default, and be grounds for the lender to begin foreclosure proceedings. If the borrower is behind in their mortgage payments, the bank can join in the condo association's foreclosure action themselves. This is actually a great assistance to the bank, as it saves them the time and trouble of initiating the lawsuit - they just get to piggy-back on the condo association's foreclosure, which makes the foreclosure sale happen that much sooner. And since the bank's lien has priority over the condo association, the bank would be the one to get paid off first if the property got sold to a third party at the foreclosure sale, or if nobody bid on the property, they would be the ones who would become owners of the condo. If, for whatever reason, despite getting proper notice, the bank does nothing and the condo association forecloses on the property. The first mortgage holder has a lien that always survives the condo association's foreclosure. In fact, second mortgages are usually superior to the condo association's lien for unpaid maintenance fees. Usually the condo association gets stuck with owning a property with at least one outstanding mortgage with an outstanding mortgage balance greater than the actual value of the property because of the decline in real estate value. Most condo associations allow the first mortgage holder to foreclose on the property after their foreclosure is done. The main point is that in Florida a condo association foreclosure has no effect on the first mortgage.
yes but I paid cash for my condo(association dues) , can it be foreclosed if so by who i don't have a mortgage
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.
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, etc. All owners of Condos are also insureds under the Condo agreement. Various Condo agreements can be different, and all are not the same. You need to know how your Condo is set up and what your agreement says.
Read your governing documents to determine the uses for your property allowed by the association.
If a condo resident can't pay an association assessment, the repercussions can vary depending on the bylaws of the association and state laws. Typically, the association might first reach out to the resident to discuss payment arrangements. If the resident continuously fails to make payments, the association may resort to more serious actions, from charging late fees and interest, to placing a lien on the property, or even pursuing a foreclosure. The key is early, open communication to prevent things from escalating. Address the issue as early as possible to find a solution. I've seen similar situations in buildings we managed at Daisy and what worked best was proactive communication and working out a reasonable payment plan.
Theoretically it MAY be possible, but in practicality probably very difficult. In some states, (Florida being one example) the condo building(s) may be built on real estate on which the condominium association pays so-called 'ground rent' to the property owner for the privilege of occupying their land with the condominium. That is - the condo association 'rents' (leases) the property on which their building(s) is situated for a certain contract-negotiated cost. The provisions of that contract would have to be known in order to comment further. The practical matter would come into play if the landowner DID attempt to foreclose and evict the condo tenants, all of whom own a share in their association. It is inconceivable that the courts would allow a wholesale mass eviction in such a scenario, and the matter (if it were to be forced) would probably consume LENGTHY legal action.
ANSWER: Ask the realtor who is selling the property or somebody from the Homeowners' Association.
covers you for a loss assessment made by an association of property owners on common property for a "covered" cause of loss. important distinction there. i.e. condo needs a new roof due to old age - not covered. Also there are protections built in for deductibles - so condo association cannot have an extremely high deductible and instruct association owners to put in assessment claims