Condo non payment of common charges?

Question

In our very small condo complex (9 units), we have one unit owner who cannot pay the common charges. A long story but the synopsis is that her husband left, she lost her job again. While married her husband went though all her savings leaving her with nothing but debts. Now he is even refusing to pay child support. We have been carring her off and on for about four years. We are having a meeting tonight to see how we are going to handle this situation. We know we can put a lien on if she sells, we doubt she has much equity, I think she has tapped out every resource. We could get a lawyer, but she has no money left. We could also evict her--but who wants that on their head. What would you do? Need some suggestions.

Answer 1

You can't "evict" her if she owns her unit.

Get a lien on the property and the lien will have to be satisfied at closing, or fully or partially satisfied during foreclosure.

If she sells, the lien will have to be paid off at or before closing in order for the title to be clear. In many places, the lien being filed will only recite current unpaid assessments and fees, BUT upon satisfaction of the lien, all additional charges and fees are added to that lien.

14 states have a law where 6 months of unpaid condo charges come out of foreclosure proceeds BEFORE the bank lien (mortgage), which is normally in first position. If she forecloses, you might have to kiss the rest of the money goodbye.

Answer 2

Within the condo fees, are there items which ya'll could save money on? If her cable television is part of that, can it be disconnected? Other than her total condo fee, what are the rest of you actually paying for that she benefits from? (I don't mean tennis court fees or parking fees)
She's probably going to have to move, or sub-lent some of her condo to cover costs. 4 yrs is a very long time for her to be living in a place she can't afford. And she definitely hasn't gotten ahead financially.
Isn't it expensive to kick her out? Whatever you decide, keep things polite.

Answer 3

That's a tough situation....but the fact is, she can't afford to live there.

I'm afraid she's probably going to be foreclosed on, and in that case, your HOA will be last on the list of people to get paid.

You need to file that lein, and have the county recorder notify you of any foreclosure activities, so you can ensure that you and your fellow responsible homeowners get your money back.

Answer 4

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