Tenant/Foreclosure/HomeOwner's Assoc.

[Jerry]

I am a tenant (10years) in a Condo. This past year, the Condo owner (my landlord) has not been paying his monthly HomeOwner's Association dues, plus he has made no effert to make payments on a rather large Special Assesement of $5000. The total indebtness to the HomeOwner's Assoc is approx. $9000.00. The lawyer for the Association has told me that he has filed papers to FORECLOSE and force the SALE of the Condo unless my landlord pays up. QUESTION: In California, can a HomeOwner's Association force the sale of a condo like this? Or is the lawyer "bluffing" and the worse the Assoc can do is register a LIEN on the deed effecting a future sale? What rights do I have DURING and AFTER the sale. How long is this process before the date of sale? Help! It's a great condo in an incredible upscale neighborhood and I would like to stay or purchase the unit.

Thanks.
Jerry

 

[Tyrone]

Sorry Jerry, I am from another state, but in my state the condo association can foreclose. (Otherwise the financial strength of the association could be jeoapardized if several owners didn't pay -- the association can not sit around and wait for owners to eventually sell. The utilities it pays, and its employees want money now, not in the future.) Your lease is no better than the owner's rights. But go to a real estate lawyer where you live and ask her. There might be a clever deal that can be arranged to allow you to stay and get the benefits of your lease.