HOA's on Surrendered Property

Started by MikeL6 • 6 replies • 1291 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

MikeL6 (Florida)
Posts: 3

Posted:

I volunteer on at my condo in PCB, FL. We are having a few owners either having their condos foreclosed or they are surrendering in a bankruptcy, one inparticular in a chp 13. They are currently past due for 3 months of dues and we plan to file a claim againist them, but in FL it takes around 1 year for the foreclosure to take place. Can anyone advise on who would be responsible for paying these dues for the year that it takes to foreclose.

SusanW1 (Michigan)
Posts: 5,202

Posted:

The agency, bank or company that is handling the foreclosure needs to know that their is outstanding dues on this property. When and if there ever is a real estate sign or notice for sale placed, be sure that company also knows. You said you are going to file on them. Is is a lein? If so, the realtor will see that. Any buyer needs to know, also.

BradP (Kansas)
Posts: 2,640

Posted:

Mike:

The owner of record is responsible, until the foreclosure is final it will be the person being foreclosed on.

MikeL6 (Florida)
Posts: 3

Posted:

but how do i collect on someone in bankruptcy. We are filing a claim on the past due, but any suggestions on the new debt that is occuring. I doubt they will pay so how are ya'll handling this situation.

MikeL6 (Florida)
Posts: 3

Posted:

Let me rephrase, we are filing a claim for the past due in one's particular chp 13 in hopes that we will be paid in the plan. They are not residing in the property. It is empty. Our board seems to think that because it is surrendered through the bankruptcy and that the property is empty we don't have any rights to go after the owner...which means all the other owners have to pick up the cost. Our dues are around $300 month.

BradP (Kansas)
Posts: 2,640

Posted:

You need to file a lien on the property. Every state is different so I can't answer how yours operates.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Mike,
I hate to tell you this but your H.O.A. will have to just eat the missing dues until the legal fight is over with these properties. Get you liens filed and then stand in line and wait and hope. Our association has had to do this a couple of times. In a neighborhood with 6 to 8 hundred thousand dollar homes, why should this happen? I don't know but it does.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here