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  #1  
Old 03-19-2008, 07:57 PM
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Join Date: Mar 2008
Posts: 2

Quitclaim deed, deliquent HOA dues


What is your state? Colorado
I am on the board of a condominium HOA - 55 units. One unit is delinquent in HOA dues for over 16 months. The owner is a limited liability company that does not seem to exist. They became the owner through a quitclaim deed from the previous owner. We have filed a lien and have been paid our 6 months of back dues from company acquiring the property through it's foreclosure.
The question: do we have any way to get the rest of our back dues? The mortgage company paid the maximum 6 months (by law) that they owe and we have tried to track down the LLC owner but it doesn't seem to exist. Can we go back to the previous owner that quitclaimed the property to the LLC. The owners prior to the quitclaim are the ones listed as the "grantor" by the acquiring mortgage company.
Thanks in advance for ANY help!!
  #2  
Old 03-20-2008, 07:21 AM
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Join Date: Jan 2003
Posts: 19,944
Have you consulted with the HOA atty to see about getting a lien filed by the HOA? Have you checked your state's LLC listings for the registered agent and officers of the LLC?
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  #3  
Old 03-20-2008, 11:13 AM
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Join Date: Mar 2008
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delinquent dues from LLC


Thanks for your reply. We have filed a lien and already collected the legally mandatory 6 months of past dues from the mortgage company buying the forclosed property. We also checked with the secretary of state to find registered agents, etc. and have sent letters but they all get returned. We know where one of the agents works, but the HOA attorney states that we cannot go after him, only the LLC and the LLC is currently delinquent in filing reports with the state. Our assumption is that they are just letting the LLC "dissolve". The HOA attorney states that we could continue to pursue this by sueing (sp?) the LLC and/or the agent but in the end, at best we might recover enough to cover legal fees (they owe about $2500). Again, thanks for your reply, but I think we are just going to eat the loss. I asked the attorney about changing our CC&Rs to include an escrow account for dues that would require each unit to pay an advance 3 or 6 months of dues for a safety net, but he had never heard of that being done before. This is our second foreclosure that has skipped paying the dues for more than a year adding up to a $5000 loss to our HOA. Ouch!!
Again, thanks for the reply
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