We have a unit that has never paid condo fees (~2 years). The bank has paid ~ 1year of condo fees, but the unit is now again under foreclosure. We are in the process of making a claim/suing the defunct condo owner.
In the meantime, we need to raise ALL of the condo fees to cover what is not being paid in and we need to have assessments to complete necessary work on the buildings.
We have had a meeting and had greater than 51% (as per our condo bylaws) to increase the condo fees and make assessments. My question is: can we also sue the defunct condo owner for the increase in condo fees and assessments? If yes, how do we make this legal? (*We do not have his current address, he has a tenant renting the condo, though*) Do we send notification to the condo unit? Attach this in the legal filings?
We have a lawyer working on this who was chosen by former condo association trustees (and is not a real estate lawyer). He has stated that he does not think we can get the increased fees or assessments back through suing the condo owner.
Thanks
Super lien and uncollected condo fees
You can follow this link for a good discussion of how an association collects delinquent condominium fees. As for your second question, I'm not sure I understand what your attorney is saying, probably because I do not have all the facts--and don't particularly want them. For example, I'm not clear on whether the old owner is now the owner of record for the unit, or if the unit is currently owned by the bank.
In any case, if the fees are increased in accordance with the law and the condo documents, then all owners of record are required to pay the new, higher, fees. Under Massachusetts law, a condominium association has a a so-called super lien for unpaid condo fees. (M.G.L. c. 183A, § 6(c)). The super lien has priority over all other liens, except municipal liens, including a previously recorded first mortgage. However, that superiority only prevails up to the amount of the regular common charges for the six months ending on the date the condominium files suit, plus an amount to cover reasonable attorney's fees and costs. SO, if your attorney is correct about not being able to collect the fees (you may win the law suit but not be able to get money from the defendant or from a sale of the property), the reason may lie, somewhere, in limitations to the super lien discussed above.