Your realtor or title company professional or attorney can best answer your question, given the status of these particular past-due assessments.
If a lien has been filed on the title to collect them, then, yes, probably they will be paid from the proceeds of sale.
Read your governing documents to determine how the fees should be charged, whether they should be charged to a limited number of owners, or to all owners in the association. Apparently, a citation was required to settle a difference of opinion among owners, or between owners and the board. Yes, this is association business, and yes, the fees should be charged to owners.
Your bankruptcy attorney can help you decide what to include in your filing petition.
Condominium assessments are income to the association. If there is a judgement against the association, owners who pay assessments may be liable to pay the judgement under a special assessment. Condominium owners pay assessments to support the operation of the community. Owners may have their income garnished, even those monies earmarked to pay their assessments.
Homeowner association fees are NOT deductible on the individual taxpayers 1040 income tax return.
If the association fees are part of the obligations of your landlord under your lease agreement you could pay the fees directly, then deduct them from the rent, sending a letter to the landlord with the accounting. You should check to see if there is a landlord-tenant agency in your area and call for advice.
cricket fees in mrf pace association?
Townhome is a style of building: condominiums are a style of real estate ownership. All condominiums levy assessments that owners pay, which is used to operate the property. If a townhouse is part of a condominium association, then, yes, there are assessments attached to this unit.
no but trying to If a condo owner falls more than 90 days in arrears of association, the right to use common areas can be suspended by the association until such dues are paid.
Best practices dictate that the association's treasurer calculate overdue assessments with late fees and surplus charges separately. Then the board can negotiate with an owner to pay late assessments, which represent the expenses of the association to operate the community. The board may choose or may not choose to waive the late fees and surplus charges, but waiving them may encourage the owner to pay the assessments in full.
Operating fees -- assessments -- are paid by owners to support community expenses, such as insurance, basic utilities and so forth.Every association's governing documents detail the process whereby the association can pursue an owner to collect unpaid assessments.When the association files a lien on the title based on non-payment of assessments, the lien becomes public record and credit bureaus can include this in your credit rating.Whether the association chooses to report the non-payment prior to filing a lien is up to each board to decide.
The association wants to do more than report owners delinquent. The association wants to collect the debt. Check your governing documents to discover whether or not your assessments are automatically liens against the units. If so, then the association's attorney can file a formal lien. The board may also have additional recourse to collect unpaid assessments, including perhaps selling the unit in order to satisfy the debt. One way is to report the delinquent unit owners to a collections company, though these companies usually charge outrageous fees. I suggest the association retain a real estate attorney and file liens against the delinquent units. These liens may be foreclosed if not paid, which will be an incentive for the delinquent unit owners to pay up. Don't try to file liens without an attorney--if done incorrectly, thousands of dollars in attorney fees will likely be spent. The liens will then show up on the delinquent owners' credit reports. In most states, it is not legal to publish a debtor's name, but you may be able to publish the unit number in your financial reports and board meeting minutes. Once a lien is filed, it becomes public record and can appear on an owner's credit report.
If you purchased your property subject to the by-laws and rules & regulations of a Homeowner's Association you cannot remove your property from the association. All the other owners have the right to expect that each owner must follow the rules and pay their share in the assessments and maintenance fees. Removing your property from the association would mean that you could not share in any of the benefits of the association, including amenities, roadways, common area parking, trash removal, sewer service, master insurance coverage and so forth. There would be no way to accommodate your property separately from the common elements owned by all owners. As an alternative, you can remove yourself from the association by selling your property to a new owner.