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EllenS1
(Florida)
Posts:1148
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| 08/27/2009 7:23 AM |
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Roger,
It sounds like you do a good job for your properties. I hope our HOA can find one as good. |
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RickW
(Illinois)
Posts:160
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| 09/17/2009 7:48 PM |
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Hey everyone,
I know this is an older thread, however, I have somewhat of an update and as we work through this new information I thought it might be of some help to others.
We've received notice yesterday from our attorney that this unit is scheduled for a sheriif's sale on Sept 24th. We are told legally that we need to send a 30 day termination of lease notice to the tenants.
I apologize that I do not have many answers or information, but I do have information on how we hope to address this situation. This particular unit has been up for sheriff's sale previously, at least 2 or 3 times and it was roughly 10-12 months ago. Each time, the sale was re-scheduled and eventually taken off the books. That was the point where we filed order of posession.
We have been told that the new buyer, providing the unit is actually sold, will need to file eviction proceeding once the actually take possession. We, the association, would be given 30 days to turn the unit over, and evict any tenant. We have also been told that if the sale happens, the sale will need to be confirmed. This could take anywhere between 30 days to 12 months! I would prefer the tenants stay as long as possible. They are good tenants and their rent is helping to pay back past due assessments. The way I see it, the tenants have a minimum of 60 days and quite possibly much longer to stay. Based on the past, the sale might not even happen.
We are trying to figure out why we must send a lease termination notice when a sale has not even happened.
I'll update as info becomes available.
Rick |
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RickW
(Illinois)
Posts:160
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| 09/17/2009 7:50 PM |
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| I should have clarified...We have been told that legally we need to send the 30 day lease termination notice to the tenants as soon as we receiv notification of the sheriff's sale. |
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RobertR1
(South Carolina)
Posts:5164
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| 09/18/2009 4:00 AM |
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Rick,
Thanks for update. Has your Board considered sending a copy of your attorneys letter to the tenants along with a notice. Then sit down with the tenants and ask if the association and the tenant could work together for mutual benefit. In other words be completely transparent with the tenants. |
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RickW
(Illinois)
Posts:160
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| 09/18/2009 6:02 AM |
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Posted By RobertR1 on 09/18/2009 4:00 AM
Rick,
Thanks for update. Has your Board considered sending a copy of your attorneys letter to the tenants along with a notice. Then sit down with the tenants and ask if the association and the tenant could work together for mutual benefit. In other words be completely transparent with the tenants.
Robert,
Yes, I agree with your thoughts of transparency. I'd like to see the tenants stay as long as possible, but they must know where they stand and what their options are as well.
Rick |
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RickW
(Illinois)
Posts:160
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| 09/25/2009 8:18 PM |
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Update...
The tenants have been served a lease termination notice which states they must be out in 30 days. Verbally, we have forwarded inforamtion to the tenants that this sheriff sale, which happened yesterday, must be approved. Approval process can take one week or 12 months. Once the sale is approved, the new owners will need to serve notice and that will give the association 30 days to turnover possession of this unit. Apparently, we can also negotiate a new lease at this time knowing that we will have 30 days notice to turnover the property once the sale is approved.
Confusing, I know, plus our management company has never been part of a situation like this. It is somewhat ground breaking given the economy. I do know, the tenants are great and every month of rent we collect, we lower the amount of money we have lost from non-payment of assessments. We are still well behind what we are owed. |
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SheilaH2
(Florida)
Posts:3
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| 09/30/2009 9:10 AM |
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Peter, I have been the person doing all the HOA dealings with the HOA for the past four years (the Developer still is in control and I am part of the Development Company)I am learning as I go and sure have been thrown under the bus numerous times. Not a pleasant thing.
However, I am interested in the Summary Judgment you were speaking of and how does that work. We currently have 11 properties in foreclosure. Our attorney gouges us for everything. We are even paying for training the other attorneys that do research on FL. statutes articles for the properties in foreclosure. I assume the process is done by an attorney. Any help would be appreciated.
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