[sono001]

If a condo owner is in foreclosure, and his tenant is in violation of Association rules, can the Condo Association step in and evict the tenant on its own?

[Fr_Chuck]

Does the association have the right under any association rules or law to evict the tenant of the owner. I was under the impression that all they could do was set penalties against the owner for the actions of the tennants and did not have any right to actually evict the tenant.

[sono001]

Fr_Chuck... that's why I'm asking. The owner is in arrears and in foreclosure. Their tenant is destroying the place. What a nightmare.

[Fr_Chuck]

I can see why you would want to be able to, but this would be the same as if the tenant lived there and was destroying everything, you could not evict the owner either.

Since I do believe you can still hold the owner liable for his debts to you after the foreclosure, you may talk to the owner and agree to forgive some of your debts to him if he evicts this person.

Or you may notify the lien holder that the tenant is destroying the property and they may want to foreclose sooner.

But unless he does something to violate code that the house is not livable, where you can get the city to take away the right to live there until violatoins corrected.

But opinion, you are stuck.

[smearcase]

Maybe the bank that is pursuin the foreclosure would have some say in the matter since the damage will ultimately cost them money. I'm familiar with HOA's but not Condo Assns. And would be very surprised if Condo Assn. would be able to evict. But I am not an attorney.