If you purchase a condo in Revere, Lynn, or surrounding areas, you will probably also be responsible for paying condo association/homeowners’ association fees. These fees are mandatory, are set at the discretion of the condo association, and are non-negotiable. Designed to pay for property maintenance and upkeep, as well as repairs and insurance, condo association fees are standard. If a person doesn’t pay their condo association fees, they can be penalized as such. The following considers the rights that condo associations have to recover payments when unit owners are delinquent.
Sending a Demand Notice
The first thing that a condo association will likely – and certainly should – do is to send a demand notice to the unit owner who is delinquent on their dues. The notice must include the total amount of funds that are due, the date that funds are due by, the total of any accrued interest or fine for missed payment, and a description of what steps the condo association will take next if the fee is not paid. If the person who owns the unit that is delinquent on payments works with the condo association, the association may be willing to work out a repayment plan.
Restricting Property Access and Privileges
If fees remain unpaid after notice has been given, the condominium association may deny the unit owner access to parts of the property (such as a pool, gym, etc.) or may limit privileges, such as voting on condo association matters as long as such actions are not discriminatory. If the unit owner rents out their property to tenants, the tenants may be denied these privileges.
Filing a Lien
In Massachusetts, condo associations have the right to file a lien against a unit owner for missed payments, as well as late fees, filing fees, and attorneys’ costs associated with collecting payment. A lien can only be filed by a condo association in Massachusetts after the association has sent 30-day and 60-day notices to the unit owner requesting repayment. If fees continue to be unpaid, the condo association can even pursue foreclosure on the unit in order to gather the amount of money that it is owed. All parties having an interest in the unit such as a mortgage lender are notified of the unpaid condo fees and frequently, the mortgage lender will pay the condo fees as well as legal fees and costs in order to protect its mortgage interest. In turn, it will go after the unit owner or their mortgagor to be reimbursed for the monies it paid.
How Our Experienced Condo Association Attorney Can Help You
With over 30 years’ experience, Deborah Gold-Alexander Attorney at Law is the legal professional that you are looking for who can assist in the collection on the fees that you are owed, including any late penalties, collection costs, attorneys’ fees, and any other outstanding dues. Call Deborah Gold-Alexander today to schedule your free consultation. Our offices are reachable now at 781-289-4235, or by filling out the form found on our website.