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    xsini's Avatar
    xsini Posts: 2, Reputation: 1
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    #1

    Apr 25, 2011, 01:27 PM
    Can you rent an abandoned condo - to pay association obligations?
    My condo association consists of 9 units. One of the units has been abandoned over a year - the owner has not replied to any communication, has not paid association fees, and not sure if he has paid the mortgage/taxes - eviction notices have shown up.

    His lack of payments has created a deficit on the condo association. What can we do? Could we rent the unit - place rent in an escrow account, and use those proceeds to pay the association fees, taxes ,etc?

    If someone does agree to rent it, could they get arrested? Would they have any rights? Thanks
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #2

    Apr 25, 2011, 01:33 PM

    Eviction notices tend to make me think this person is a tenant and not the owner. You must determine who is the owner and then the association can seek to place a lien on the property. Depending on your Associations articles on file with the state the HOA may be able to auction the property for back dues but this is only done through the courts. What is your standing or position in this situation, are you on the Board of Directors?
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #3

    Apr 25, 2011, 01:39 PM
    You are the ones who would get charged with a crime; a tenant would be evicted or possibly be told he is trespassing and be tossed out on the spot.
    You take him to court for past due fees (after reading your bylaws to see what other rights you might have). When he fails to show, you win by default. Then stand in line with all his creditors trying to collect.
    What 'eviction' notices? How do you know? I hope you aren't opening his mail.
    Mortgage companies foreclose on properties and would arrive with notices on the door and real estate agents to start showing the place for sale.
    This is the tough reality of civil matters. You can't just take over.
    xsini's Avatar
    xsini Posts: 2, Reputation: 1
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    #4

    Apr 25, 2011, 03:05 PM
    Thank you for the help. Apologies, did not mean to say eviction, but collection notices -- they left a note on his door. And yes, I am on the board. And we've gone the proper channels, get a lien, and as you put it, we are standing in line, but the owner is out of the country and no one has heard from him in 2 years, and people can't find him. Very frustrating. In the meantime, the association is running into deficit. Rest of owners are very upset, as you can imagine.

    Thank you for the feedback, you confirmed there is not much we can do at this point.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Apr 25, 2011, 03:13 PM

    Is there a mortgage on the condo? Is the lender in the process of foreclosure?

    But, no you cannot rent something you don't own.

    This is one of the drawbacks of being in a small condo. If one unit stops paying maintenance the other owners need to take up the slack
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Apr 25, 2011, 04:54 PM
    Quote Originally Posted by xsini View Post
    ... thank you for the feedback, you confirmed there is not much we can do at this point.
    Has the HOA considered foreclosing on its lien? Then sell the property to pay what is owed. And it may be that the lien is senior to any mortgage, in which event the bank would have to pay the dues to avoid losing its security.
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