Forclosure on a condo owner

[Sharicp35]

I am the president of a condo association in a complex in Connecticut. We have on owner who is constantly late with his common charges. So late, that we have started forclosure proceeding on him 2 times.. But of course he paid in full both times, and became current. But it has cost the association $500.00 each time for legal fees..He is again coming to 3 months late again, and I would like to start forclosure on him once again. We apply late fees to his account, but he still won't pay on time. My question: Is there anyway to get this guy out of our complex to avoid this from constantly happening? I hate to spend another $500.00 on him, and then he pays again...Thanks for your help

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Sharicp35:
I am the president of a condo association in a complex in Connecticut. We have on owner who is constantly late with his common charges. So late, that we have started forclosure proceeding on him 2 times.. But of course he paid in full both times, and became current. But it has cost the association $500.00 each time for legal fees..He is again coming to 3 months late again, and I would like to start forclosure on him once again. We apply late fees to his account, but he still won't pay on time. My question: Is there anyway to get this guy out of our complex to avoid this from constantly happening? I hate to spend another $500.00 on him, and then he pays again...Thanks for your help <HR></BLOCKQUOTE>

As President of the AOAO, you should be familiar with the By-Laws and other legal documents that give the association the right to collect attorneys fees and take any other recourse due to default. Check with the Association attorney on what is legally allowed. You can not just kick an owner out just because the fees are late. There are no "three stikes you're out" in condo law.

[This message has been edited by HomeGuru (edited October 23, 2000).]

 

[Lynnette 25]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Sharicp35:
We apply late fees to his account, but he still won't pay on time. My question: Is there anyway to get this guy out of our complex to avoid this from constantly happening? I hate to spend another $500.00 on him, and then he pays again...Thanks for your help <HR></BLOCKQUOTE>

Most condo associations empower to board to collect attorney fees for delinquent accounts. Try sending delinquent accounts that are overdue 60 days immediately to the attorney- don't let them build up. And charge back all costs involved in those proceedings to the unit owner. If word gets around that the board is firm in dealing with unpaid accounts, it will stop.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Lynnette 25:
Most condo associations empower to board to collect attorney fees for delinquent accounts. Try sending delinquent accounts that are overdue 60 days immediately to the attorney- don't let them build up. And charge back all costs involved in those proceedings to the unit owner. If word gets around that the board is firm in dealing with unpaid accounts, it will stop.

<HR></BLOCKQUOTE>

Lynnette, you are correct as all of the condo docs that I have reviewed stipulate that the condo owner pay attorneys fees and court costs associated with the owners default. Some even go so far as allowing the legal fees and costs to be attached to the property as a lien.