0
How does our condo association foreclose and collect the amount they are owed?
Wiki User
∙ 14y ago
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 attorney to collect the amounts owed and if unpaid, ultimately foreclose on the unit to satisfy the debt.
Wiki User
∙ 14y ago
Add your answer:
Earn +20 pts
What happens to the loan when the condominium forecloses for assessments?
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.
Can your condo association foreclose on your unit in Florida?
Yes. This is usually a last resort, but it is possible.
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.
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 have fallen behind on your payments, then the association can withhold certain services, possibly even turning off utilities (depending on your documents and state law), but can't lock you out of your home. They can, however, foreclose on your unit if assessments continue to go unpaid.
What happens if a resident can not pay a condo association assesment?
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.
Can New Hampshire condo association turn off water for nonpayment of condo fee?
Yes, in a word. If your water is paid for by the assessments you promised to pay when you purchased your unit, and you do not pay your assessments, then the association can deny you access to services, including water, for which you refuse to pay. Read your governing documents to more fully understand both your responsibility to pay assessments, and the association's duty to collect them, and the lengths to which the association can go to satisfy your debt.
Can Florida condo association turn off electricity for the lack of payments of condo fees?
Read your governing documents to determine which actions your association can take in order to collect assessments that you owe and do not pay. As well, it's reasonable, for example, that if you don't pay your monthly assessments, and the association pays your electric bill from assessments that are collected, that they can deny electric service to you, since you aren't paying for it.
Is there a law regarding condo fees I live in a four-unit condo One of the members has not paid his condo fee for 7 months?
Yes, and the law is a local state law, plus the governing documents under which the association operates the property. Read your governing documents and follow the guidelines there to collect the past-due assessments.
Can you know the status of a condo association?
Yes.You can request the status of the association from the Secretary of State where the association is located.
Is a condo association a business?
Absolutely, yes. The association may be incorporated as a profit, not for profit, or an unincorporated association.
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.
Is a unit of a condo association able to secure a SBA loan if association rents out property?
No, a unit of a condo association does not have the authority to secure a Small Business Administration (SBA) loan. SBA loans are typically available to individual businesses, and not to individual condo unit owners or associations. It is important to consult with a financial professional or lender to determine the best financing options for the condo association.
