What is the name of your state? MA
Can someone tell me if I am interpreting the state law correctly. I am reading this as the debt has to be more than 60 days overdue at which point the letter must be send certified AND first class mail giving 30 days notice to pay before going to lien.
Well, my past due is less than two months overdue (slight financial problems) and I got a letter last week giving me two weeks before it would be turned over to an attorney. There is nothing in the CC&R superceeding this and I don't think it would anyways. It also says I would be charged for attorney fees. Now, can anything happen before that 60+30 day period or could I be assessed fees if he indeed has an attorney try to get a lien without following this law. The bill was sent quarterly and is dated 6/31/06. As long as I pay by the end of the month and/or before the lien goes into effect after them giving proper notice I am ok?
I stink at understanding legal talk so any help is greatly appreciated.
Here is M.G.L. 183A section 6
"(c) When any portion of the unit owner’s share of the common expenses has been delinquent for at least sixty days subsequent to April 1, 1993, the organization of unit owners shall send a notice stating the amount of the delinquency to the unit owner by certified and first class mail. The organization of unit owners shall also send a notice stating the amount of the delinquency to the first mortgagee by certified and first class mail, provided, that the first mortgagee has informed the organization of unit owners of its name and mailing address. Furthermore, thirty days prior to the filing of an action by the organization of unit owners to enforce its lien for delinquent common expenses, the organization of unit owners shall send a notice stating its intention to file said action to the first mortgagee by certified and first class mail, provided that the first mortgagee has informed the organization of unit owners of its name and mailing address. In the event of the appointment of a receiver for the condominium pursuant to the provisions of chapter one hundred and eleven, the lien for charges imposed for the payment of expenses incurred by the receiver shall have priority over all other liens and mortgages, except municipal liens."
Can someone tell me if I am interpreting the state law correctly. I am reading this as the debt has to be more than 60 days overdue at which point the letter must be send certified AND first class mail giving 30 days notice to pay before going to lien.
Well, my past due is less than two months overdue (slight financial problems) and I got a letter last week giving me two weeks before it would be turned over to an attorney. There is nothing in the CC&R superceeding this and I don't think it would anyways. It also says I would be charged for attorney fees. Now, can anything happen before that 60+30 day period or could I be assessed fees if he indeed has an attorney try to get a lien without following this law. The bill was sent quarterly and is dated 6/31/06. As long as I pay by the end of the month and/or before the lien goes into effect after them giving proper notice I am ok?
I stink at understanding legal talk so any help is greatly appreciated.
Here is M.G.L. 183A section 6
"(c) When any portion of the unit owner’s share of the common expenses has been delinquent for at least sixty days subsequent to April 1, 1993, the organization of unit owners shall send a notice stating the amount of the delinquency to the unit owner by certified and first class mail. The organization of unit owners shall also send a notice stating the amount of the delinquency to the first mortgagee by certified and first class mail, provided, that the first mortgagee has informed the organization of unit owners of its name and mailing address. Furthermore, thirty days prior to the filing of an action by the organization of unit owners to enforce its lien for delinquent common expenses, the organization of unit owners shall send a notice stating its intention to file said action to the first mortgagee by certified and first class mail, provided that the first mortgagee has informed the organization of unit owners of its name and mailing address. In the event of the appointment of a receiver for the condominium pursuant to the provisions of chapter one hundred and eleven, the lien for charges imposed for the payment of expenses incurred by the receiver shall have priority over all other liens and mortgages, except municipal liens."