Association Lien stopped Sale

[FlCracker]

What is the name of your state (only U.S. law)? Florida

I have a condo in Royal Palm Beach, Fl. About 2 years ago I went to sell the condo. I had a buyer with a pre-approved lender. I got the closing agent I knew to close the loan. When she did the closing she found out that the entire condo association had a lien against it because of dead grass spots. This all stems from the condo Ass. not fixing the sprinkler system and the grass dying. They got a fine almost 8 months prior to me trying to sell my house. So the village of royal palm levied a lien against the whole association.

Lets say that I did not sell my condo for $179,000. Now the condo is only worth $140,000 if that. And the association still has not fixed the grass. Yes as far as I know there is still a lien. Other people have sold their condo's. Mainly due to their closers not being as meticulous. But I can not sell it now because of the market. I have had to move and no longer can afford to loosed $300 a month because I can not rent the condo for what it costs me.

So is there something I can do to the association that can get me out of this? Would this be considered negligence? Or maybe a liability? I am one month from foreclosure.

[HomeGuru]

Originally Posted by FlCracker

What is the name of your state (only U.S. law)? Florida

I have a condo in Royal Palm Beach, Fl. About 2 years ago I went to sell the condo. I had a buyer with a pre-approved lender. I got the closing agent I knew to close the loan. When she did the closing she found out that the entire condo association had a lien against it because of dead grass spots. This all stems from the condo Ass. not fixing the sprinkler system and the grass dying. They got a fine almost 8 months prior to me trying to sell my house. So the village of royal palm levied a lien against the whole association.

Lets say that I did not sell my condo for $179,000. Now the condo is only worth $140,000 if that. And the association still has not fixed the grass. Yes as far as I know there is still a lien. Other people have sold their condo's. Mainly due to their closers not being as meticulous. But I can not sell it now because of the market. I have had to move and no longer can afford to loosed $300 a month because I can not rent the condo for what it costs me.

So is there something I can do to the association that can get me out of this? Would this be considered negligence? Or maybe a liability? I am one month from foreclosure.

**A: you have no case. Your escrow company should have gotten their attorney to figure out what was needed to close your condo unit. Condo units close all the time with liens against the HOA.

[BlondiePB]

A lien against the HOA is different than a lien against one's own unit.

[hoa lawyer]

My response is based upon Colorado law, but it would seem to me if the board had the means but failed to maintain the sprinklers, resulting in the lien, they have not acted in the best interest of the association. If your association is a nonprofit corporation, like they are in Colorado, you may be able to bring a derivative lawsuit against the board members. However, you must show they acted in bad faith and there may be a notice requirement. As is often the case, the association may not have the funds to finance the repairs.