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Re: Person in condo association won't pay fees--any suggestions?
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Quote:

mscottc wrote:
Financial and legal information regarding an owner in a condominium is confidential. The condominium board can find itself in a lot of trouble if it arbitrarily or otherwise releases names of those in arrears. Many in our condo have asked for the names of those in in arrears and the board and management companies have stated over and over again that they just can't do it. They best they can do is deny certain amenities to residents and owners of the units. In our case, they are not allowed to use the pool or gym. However enforcement of those restrictions can be tough. And the security guards can only inform the tenants to deal with the landlords visa vis their inability to use the amenity.


I wonder if amending the building's by-laws or deed to permit the disclosures would work.

Posted on: 2013/8/9 14:05
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Re: Person in condo association won't pay fees--any suggestions?
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Financial and legal information regarding an owner in a condominium is confidential. The condominium board can find itself in a lot of trouble if it arbitrarily or otherwise releases names of those in arrears. Many in our condo have asked for the names of those in in arrears and the board and management companies have stated over and over again that they just can't do it. They best they can do is deny certain amenities to residents and owners of the units. In our case, they are not allowed to use the pool or gym. However enforcement of those restrictions can be tough. And the security guards can only inform the tenants to deal with the landlords visa vis their inability to use the amenity.

Posted on: 2012/8/24 22:00
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Re: Person in condo association won't pay fees--any suggestions?
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Again, it's time to consult a lawyer.

It's not advisable to send this kind of letter to the tenant, especially as you can't go after them for the unpaid condo dues. And a lien is already in place but that means nothing to a tenant since they have no ownership interest.

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vindication15 wrote:
Absolutely inform the tenants. Put a flyer under the door saying "The owner of this unit is delinquent on monthly condo payments for the past xxxx. The owners of this building are exploring options to collect payment including enacting a lien on the property and/or rent garnishment from current tenants. This is an informational flyer for the current occupants of unit xxxx."

Posted on: 2012/8/24 19:10
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Re: Person in condo association won't pay fees--any suggestions?
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Absolutely inform the tenants. Put a flyer under the door saying "The owner of this unit is delinquent on monthly condo payments for the past xxxx. The owners of this building are exploring options to collect payment including enacting a lien on the property and/or rent garnishment from current tenants. This is an informational flyer for the current occupants of unit xxxx."

Posted on: 2012/8/24 17:01
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Re: Person in condo association won't pay fees--any suggestions?
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Thanks for all the responses. We have been in touch with an attorney and have taken out a lean. Garnishing rental wages sound like the best option, so we are going to start looking into that process. I wonder if we should inform the tenants of what is happening.

Posted on: 2012/8/24 15:32
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Re: Person in condo association won't pay fees--any suggestions?
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You absolutely need an attorney at this point.

Your best and only option is to initiate the foreclosure process. Even if it does not fully reach the point of an actual foreclosure, this may finally get the attention of the deadbeat owner. It may even be that a letter from an attorney initiating the process finally does the trick.

Just keep in mind that NJ has a judicial foreclosure process, which means that all foreclosures require a court order. This means it's not a short process.

Posted on: 2012/8/24 13:21
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Re: Person in condo association won't pay fees--any suggestions?
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I agree with mscottc, at this point you need to speak to an attorney.

Posted on: 2012/8/24 11:12
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Re: Person in condo association won't pay fees--any suggestions?
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Do you have a management company or is this building self-managed?

We had this situation a few years ago. First thing the management company did was send out an email to the whole building (a fairly small one), including the delinquent owner, what we would like to do about it. That was enough to embarrass the delinquent owner into settling their balance, albeit gradually, over the course of six months. The next thing the management company would have done was send them a letter from an attorney, which wouldn't have cost the association much, but fortunately it didn't come to that. Of course, our situation was much easier because the delinquent owner lived in the building and was shamed by the whole thing whereas the one you're talking about here does not.

Posted on: 2012/8/23 23:49
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Re: Person in condo association won't pay fees--any suggestions?
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I can't speak with any real authority, but I know that in our Condominium we have similar issues. Ours is a much larger association of around 400 units. Our board has discussed this at open meetings and I believe that they've said that they can after a certain level of legal proceedings, get to a point where they wind up collecting the rent from the tenants. You really need to have an attorney involved at this point.

Posted on: 2012/8/23 23:12
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Re: Person in condo association won't pay fees--any suggestions?
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How old are the liens? Generally with liens, you can foreclose after two years.

Posted on: 2012/8/23 22:35
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Person in condo association won't pay fees--any suggestions?
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I live in an 8 unit condo downtown. One of the units is rented and the owner of that unit has not paid her condo fees for about 3 years. We have tried doing this the friendly way by calling her (she doesn't answer), we have sent emails to her (no response), we took out a lean and that hasn't made her pay. she now owes over 3 grand. Anyone ever have this deadbeat condo owner problem? What can be done?

Posted on: 2012/8/23 22:20
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