I live in a condominium development with 20 units in Massachusetts. We have a condo board but as far as I know we don't have an attorney that we work with on a regular basis. We have two owners who are behind on their condominium fees (several months) but the members of the board either don't want to or don't know how to collect the delinquent condominium fees. What can we do about this? We need the money. The owners both say they are trying to sell the unit and will pay the late fees from the sale proceeds but that sounds like a pipe dream to me. Please help.
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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The answers and information provided on this site are for informational purposes only and are NOT substitutes for professional legal advice. Before making legal decisions, you should discuss your specific circumstances with an attorney.
Collection of Condo Fees
Your problem is very simple. The collection of unpaid condominium fees and expenses is swiftly and easily done through the legal process. After notice, a complaint is filed in the District Court. After further notice a motion for summary judgement is filed and usually allowed. The Court will assess (determine how much is owed)for both the damages (unpaid fees ) and the legal expenses of the collection and enter that amount as a judgement. Once judgement is entered, the Association can hold a foreclosure sale and sell the unit, free of the mortgage. Scheduling such a sale usually means either the Bank holding the mortgage will pay the fees to avoid being wiped out, or the owner will move quickly to sell the same to avoid losing his or her equity in the property. This is a VERY short and quick description of a much longer process. All in all it takes from four to eight months, usually. If you don't start the process, it will take forever. Law firms will usually accept the job of foreclosing with little up front charge to the Association.
Remember, the sooner the Association begins the process the swifter they will be paid AND the more likely it is that the owner will prioritize the payment while it is still small. Most will find a way to pay a few hundred dollars. They can borrower, etc. It is a completely different issue when they need to find several thousand dollars.
A lawyer is required as the Association cannot represent itself in Court. Please contact an attorney. The vast majority will be happy to talk with you at no cost for the initial consultation.
KGaughen@GaughenLane.com
www.GaughenLane.com