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can we

Started by WilliamB13 • 6 replies • 1158 views

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WilliamB13 (Florida)
Posts: 14
Posted:
One of our units has filed for Bankruptcy. That unit is in need of repairs and painting. Can we send a letter which gives them 45 days to perform the cleaning, repairs and painting. If they do not comply can we have the work done and give them ten days to pay for said work or we will file a lien. Thank you
TimB4 (Tennessee)
Posts: 21,046
Posted:
Why do you want to throw good money after bad?

Typically if the owner is filing bankruptcy the Association won't be collecting past due assessments much less additional money for cleaning, painting and repairs.

Because you use the term "unit" I am of the expectation that the property is a condominium unit.

Unless the repairs are needed because they the item in need of repair is damaging another unit or the common property, then I'm not sure how the Association could justify trespassing onto someone else's property to do cosmetic (clean, paint) work. What do your governing documents say about entering someone's property?
MikeS1
Posts: 521
Posted:
Right Tim - Also, in this type of case, they are usually underwater on the loan. You're 5 or 6th in line behind Fed, State, County/City, Lienholder, 2nd trust. good luck.
MikeS1
Posts: 521
Posted:
Right Tim - Also, in this type of case, they are usually underwater on the loan. You're 5 or 6th in line behind Fed, State, County/City, Lienholder, 2nd trust. good luck.
BradP (Kansas)
Posts: 2,640
Posted:
I would wait until after they come out of bankruptcy to do anything...
BrianB (California)
Posts: 2,820
Posted:
smart answer, brad.

any debts after bankruptcy cannot be dissolved, I believe. COuld be wrong, often am, but that is why many companies make it a habit to give small loans to recently bankrupt people... cause they know they can't pull a fast one again for a long time.
BradP (Kansas)
Posts: 2,640
Posted:
correct, once they emerge from bankruptcy the debts are valid. If you place a lien while they are in bankruptcy, depending on where they are they can simply amend their petition and add that debt and get it dissolved.

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