[jklump]

We live in a two family condo. We have insurance on the interior and contents of our condo. There is a joint policy on the building envelope (roof, windows, structure, etc.). The other condo owner has managed the joint insurance and taxes etc for the condos. Because we had not seen an invoice for the joint home owner insurance we began asking for it. We were given reasons for not having an invoice (looking at new companies, needing to trim a tree, etc.). We finally called the insurance company and found out that the policy had not been paid since October of last year and was therefore not in effect. The insurance company explained that they had made repeated calls to the other owner on the lack of payment but had not received any return calls or payment. We have managed to convince the insurance company to renew the policy with the stipulation that it be paid in full (we can't blame them). We have asked the other owner for his share and he refuses to pay. Do we have a right to file a lien on his condo to hopefully recoup his half of the insurance? He has told us he is putting his condo on the market in the next month or so.

If so, what is that process?

Thanks for any help.

[JudyKayTee]

[QUOTE=jklump]We live in a two family condo. We have insurance on the interior and contents of our condo. There is a joint policy on the building envelope (roof, windows, structure, etc.). The other condo owner has managed the joint insurance and taxes etc for the condos. Because we had not seen an invoice for the joint home owner insurance we began asking for it. We were given reasons for not having an invoice (looking at new companies, needing to trim a tree, etc.). We finally called the insurance company and found out that the policy had not been paid since October of last year and was therefore not in effect. The insurance company explained that they had made repeated calls to the other owner on the lack of payment but had not received any return calls or payment. We have managed to convince the insurance company to renew the policy with the stipulation that it be paid in full (we can't blame them). We have asked the other owner for his share and he refuses to pay. Do we have a right to file a lien on his condo to hopefully recoup his half of the insurance? He has told us he is putting his condo on the market in the next month or so.

If so, what is that process?



In most States - and I believe there is one exception - you can't lien against his property without getting a Judgment - the lien enforces payment of the Judgment.

So walk on down to Small Claims Court, papers in hand, and I guarantee you will get your Judgment.

[ScottGem]

When the Condo was built, there should have been some document written to cover these eventualities. What does that document say? If there is no document, you need to draw one up BEFORE he sells.

Unless you have a legal document that states that unpaid premiums or other common expenses can result in a lien against the property, you will have to go to court to get a judgement. But like Judy, I agree you should have no problem getting one.

[JudyKayTee]

When the Condo was built, there should have been some document written to cover these eventualities. What does that document say? If there is no document, you need to draw one up BEFORE he sells.

Unless you have a legal document that states that unpaid premiums or other common expenses can result in a lien against the property, you will have to go to court to get a judgement. But like Judy, I agree you should have no problem getting one.

I think I would also get some sort of agreement or contract with the new owner concerning the homeowners insurance - who arranges, who pays -

In theory the owner of the other unit could decide he wants bare minimum insurance and you wouldn't know it until you had a disaster on your hands. Or, as in this case, maybe it was never paid!

[ScottGem]

With this apparently being a 2 unit "association" the Home Owners Agreement could be kept simple. But an HOA is necessary to govern how common areas are used and protected.