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Re: $7k DCA Inspection Penalties - HELP!
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islander wrote:
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The debt collection letters are addressed to the condo association which I understand is a corporation which presumably the three condo units are the shareholders of. We didn’t sign any documentation as part of purchase to acquire shareholdings in the HOA so the shareholdings must but at the unit level eg unit 1 is a shareholder and if you buy unit 1 you therefore become a shareholder I guess.


You should have received articles of (condo) association as part of the closing docs you got from your real estate attorney. That will lay out the percentages and estimated monthly fees. Your building insurance and shared utilities should be billed through the association and covered by monthly HoA fees.

Possibly with a small condo association, the prior directors have sold their condo and haven't handed over the association.

Worth getting that paperwork straightened out - form a new association if you can't track down the old one (tax id, directors, bank account, building insurance...). If you don't have that setup, you'll find it difficult to sell your condo.

Posted on: 3/12 2:31
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Re: $7k DCA Inspection Penalties - HELP!
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I wish you the best of luck, I also want to pass on the information, that at times my condo building did write up some of these as losses, granted, it is a larger building. So, it is my suggestion of trying to negotiate with the condo board. Maybe offer to pay a quarter or a third over a five year. Boards are happy to get any money at all.

Posted on: 3/9 16:25
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Re: $7k DCA Inspection Penalties - HELP!
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Karin Price Miller is a really good consumer affairs reporter for NJ.com and the Star Ledger. This is an interesting story and it might catch her attention. She has resources that may offer a better understanding of your issues and potential relief. Good luck and keep up posted!

Contact:

https://www.facebook.com/pg/Bamboozled ... /about/?ref=page_internal

m.me/185190190479

bamboozled@njadvancemedia.com

http://www.nj.com/business/index.ssf/bamboozled

Posted on: 3/9 15:46
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Re: $7k DCA Inspection Penalties - HELP!
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Thanks everyone for the advice.

We’ve spoken to the DCA multiple times who initially could only confirm our balance but none of the reasons for the amounts owed or explain whether liability rests with the prior owner. I finally got referred to a manager who is going to look into the detail and call us back.will call the title co also and update.

The debt collection letters are addressed to the condo association which I understand is a corporation which presumably the three condo units are the shareholders of. We didn’t sign any documentation as part of purchase to acquire shareholdings in the HOA so the shareholdings must but at the unit level eg unit 1 is a shareholder and if you buy unit 1 you therefore become a shareholder I guess.

Posted on: 3/9 8:43
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Re: $7k DCA Inspection Penalties - HELP!
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brewster wrote:
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dtjcview wrote:
If not, simply tell the collection agency that you do not recognize the debt.


Isn't the change of ownership of the association irrelevant to it's debts? ...


Yes. But rules 1,2 and 3 on dealing with debt collectors is never recognize a debt unless you get verification from source.

Ok it's rule 2 in this list: https://bettercreditblog.org/5-things- ... veal-to-a-debt-collector/

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2. Never admit that the debt is yours
Even if the debt is yours, don’t admit that to the debt collector. There is no reason to do so and it could get you in trouble later on if you try to dispute the debt on your credit report as inaccurate. Many times old debts have fraudulent interest charges that you aren’t obliged to pay but debt collectors will attempt to collect anyways.

Again, it’s best to just tell them to send you everything in writing and then hang up. You have the right to do so, and we’ll talk about that in a minute.

Posted on: 3/4 23:56
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Re: $7k DCA Inspection Penalties - HELP!
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Quote:

brewster wrote:
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dtjcview wrote:
If not, simply tell the collection agency that you do not recognize the debt.


Isn't the change of ownership of the association irrelevant to it's debts?


I thought that the agency first needed to put a lien on a building before the debt would transfer with ownership. Hence, the debt would show up on the title search.

If it was the latter case, then the association needs to contact who did their title search.

Posted on: 3/4 20:45
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Re: $7k DCA Inspection Penalties - HELP!
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Quote:

dtjcview wrote:
If not, simply tell the collection agency that you do not recognize the debt.


Isn't the change of ownership of the association irrelevant to it's debts? The charges are to the property "owner". Is it a corporation? The whole corporate thing is weird, I had a personal bench warrant out for me when I missed a court date for a Sanitation summons to our LLC!

Posted on: 3/4 19:44
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Re: $7k DCA Inspection Penalties - HELP!
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In my case, my mortgage company paid my percentage owed on the lien - but tacked it on to my mortgage repayments.

Going back to the debt collector - hard to see how they have any claim unless there is a lien or a debt obligation recorded somewhere with the city. And that obligation will specify interest and penalties owed. Don't take the debt collector's word for it. Get it from the City tax office.

...and I may have had a claim against title insurance. I didn't pursue that claim given the amount was small and I didn't want a claim impacting my credit/insurance score.

Posted on: 3/4 19:24
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Re: $7k DCA Inspection Penalties - HELP!
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I was on the board of my condo for 4 years and have seen this. My board negotiated with the mortgage company who was responsible for the mortgage to pay these fees. The problem is - there is no law requiring but sometimes you can negotiate. My board rented out the condo until it was sold as a way to recover some of the money on a temporary 6 month lease.

Posted on: 3/4 18:35
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Re: $7k DCA Inspection Penalties - HELP!
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Check with the City tax office if there are any liens on your condos or the against the master. If so - you need to pay off the liens. BUT - pay it off through the City - unless the debt collection agency is willing to accept less. I ended up paying 1/3 of what was demanded on a lien going through the city.

If not, simply tell the collection agency that you do not recognize the debt. And it's worth a short consult with your closing attorney on the matter. They'll likely give you free advice.

Posted on: 3/4 3:41
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Re: $7k DCA Inspection Penalties - HELP!
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islander wrote:
Hi

Would be super appreciative if someone has any advice on an issue:

The HOA (Self-manged) of our 3 unit condo building in the hilltop just received 3 penalties totalling $7k for violations on the 5 year DCA condo inspection dating from 1998/2005/2009. THINK this is mainly non payment penalties. All current owners purchased in 2016.

Could the responsibility for liability remain with the previous owners?

We have partial info because we received the demands from a debt collection agency and when we called the DCA they didn't give much info out.

THANKS in advance for any help.


Wow. What a mess! Shouldn't title insurance have picked that up? I hope you can find some way out, but I'm going to guess that paying up is cheaper than lawyering up. Welcome to home-owning! I don't see this is much different than my discovering that the previous owner had used plaster to cover over severe foundation problems when he put it up for sale.

Posted on: 3/3 19:23
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$7k DCA Inspection Penalties - HELP!
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Hi

Would be super appreciative if someone has any advice on an issue:

The HOA (Self-manged) of our 3 unit condo building in the hilltop just received 3 penalties totalling $7k for violations on the 5 year DCA condo inspection dating from 1998/2005/2009. THINK this is mainly non payment penalties. All current owners purchased in 2016.

Could the responsibility for liability remain with the previous owners?

We have partial info because we received the demands from a debt collection agency and when we called the DCA they didn't give much info out.

THANKS in advance for any help.

Posted on: 3/3 14:37
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