Can Florida condo association turn off electricity for the lack of payments of condo fees?
Read your governing documents to determine which actions your association can take in order to collect assessments that you owe and do not pay.
As well, it's reasonable, for example, that if you don't pay your monthly assessments, and the association pays your electric bill from assessments that are collected, that they can deny electric service to you, since you aren't paying for it.
As well, it's reasonable, for example, that if you don't pay your monthly assessments, and the association pays your electric bill from assessments that are collected, that they can deny electric service to you, since you aren't paying for it.
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Yes. Read your governing documents to remind yourself of your legal obligations to the association, and the association's responsibilities, which may include foreclosing on a unit in order to, for example, satisfy a debt because the owner refused to pay monthly and other assessments.
The association wants to do more than report owners delinquent. The association wants to collect the debt. Check your governing documents to discover whether or not your assessments are automatically liens against the units. If so, then the association's attorney can file a formal lien. The boa…rd may also have additional recourse to collect unpaid assessments, including perhaps selling the unit in order to satisfy the debt. One way is to report the delinquent unit owners to a collections company, though these companies usually charge outrageous fees. I suggest the association retain a real estate attorney and file liens against the delinquent units. These liens may be foreclosed if not paid, which will be an incentive for the delinquent unit owners to pay up. Don't try to file liens without an attorney--if done incorrectly, thousands of dollars in attorney fees will likely be spent. The liens will then show up on the delinquent owners' credit reports. In most states, it is not legal to publish a debtor's name, but you may be able to publish the unit number in your financial reports and board meeting minutes. Once a lien is filed, it becomes public record and can appear on an owner's credit report. (MORE)
You can find the answer you want in your governing documents. Your monthly assessments cover bills the community incurs for community services, such as master insurance policy premiums, landscape services, property management services, sewer and water bills, and so forth. When you don't pay your …assessments, you essentially require your neighbors to pay your bills. Your board can employ remedies necessary to collect your assessments, which may automatically be a lien on your condominium. The board can file a formal lien document with a local court, which effectively publishes your status. This clouds your property title and becomes public record. If your board is granted power in your governing documents to sell your unit in order to collect your assessments, it may choose to take this route if all other attempts fail. (MORE)
Read your governing documents to verify that over a certain percentage, such as a 25% increase, all mortgage lenders must be notified. Every set of documents will handle this option differently. When the increase jumps above this level, the board may want to re-think the budget, so as to avoid this …level of scrutiny. The only maximum increase would be a practical maximum, based on the ability of owners to pay an increased amount. Sometimes, during the early years of a condominium association, when the developer controls the board, the monthly assessments are kept low in order to sell units. When the owners gain control of the board and a more realistic idea of expenses becomes known, assessments can take a major leap up, because of the difference between the 'sell-units assessments' amount and the 'maintain-units assessments' amount. (MORE)
What happens to the first mortgage on a condo in Florida when the condominium association forecloses for unpaid association fees?
For the condo association foreclosure to be valid, the bank who holds the mortgage must be notified of the foreclosure action, and the mortgage company has the opportunity to do a couple of things:. They can pay the delinquent condo fees themselves, to protect their own interests, and force the bor…rower to pay them back. If the borrower is unable to repay the condo fees, it could put the mortgage payments in default, and be grounds for the lender to begin foreclosure proceedings.. If the borrower is behind in their mortgage payments, the bank can join in the condo association's foreclosure action themselves. This is actually a great assistance to the bank, as it saves them the time and trouble of initiating the lawsuit - they just get to piggy-back on the condo association's foreclosure, which makes the foreclosure sale happen that much sooner. And since the bank's lien has priority over the condo association, the bank would be the one to get paid off first if the property got sold to a third party at the foreclosure sale, or if nobody bid on the property, they would be the ones who would become owners of the condo.. If, for whatever reason, despite getting proper notice, the bank does nothing and the condo association forecloses on the property. The first mortgage holder has a lien that always survives the condo association's foreclosure. In fact, second mortgages are usually superior to the condo association's lien for unpaid maintenance fees. Usually the condo association gets stuck with owning a property with at least one outstanding mortgage with an outstanding mortgage balance greater than the actual value of the property because of the decline in real estate value. Most condo associations allow the first mortgage holder to foreclose on the property after their foreclosure is done.. The main point is that in Florida a condo association foreclosure has no effect on the first mortgage. (MORE)
If you own the condominium unit outright, if Florida is like most other states, you may raffle it off. Or not. Best practices indicate seeking the advice of counsel in this situation, to verify your rights and your responsibilities in this scheme.
Your monthly assessments pay bills for services to the entire community. These bills include master insurance policy premiums, payments to reserves -- the savings account being set aside for major replacements, such as roofs, windows, and so forth -- and more. You can request a copy of the associat…ion's annual budget, and a copy of the budget narrative -- a description by line item detailing how the budget numbers were developed and how the association plans to spend the monthly assessments through out the year. In order to formally object to the proposed budget, a group of owners -- usually more than 50% and often 67% or more must object to the published proposed budget at the budget ratification meeting. Read your governing documents to familiarize yourself with the budget process, the budget ratification process, and the steps you can take to more fully understand your monthly assessments. (MORE)
Probably not, since your monthly assessments pay operational bills and contributions to reserves for replacing major real estate assets, none of which is tax deductible.
Association assessments are paid by the owner of record. If your name remains on the deed, you owe assessments. In most cases, the homeowner or unit owner is responsible for paying the HOA fees prior to the foreclosure. Once the lender takes legal possession by foreclosure no further fees are …added to the amount due but the HOA can pursue payment of the past due amount. In Florida, an HOA can go after a homeowner for past due fees even after the bank has foreclosed by using the process used for a 'deficiency judgment'. (MORE)
Read the governing documents to verify the language, which probably states that a unit owner is responsible for monthly assessments -- regardless of the state in which the association is located. Some banks would, of course, prefer not to pay monthly assessments on foreclosed condominium units. …However, since these monies pay for the operation of the community, and the bank is now a part owner of these commonly held real estate assets, the bank should pay the assessments related to the unit which it now owns. (MORE)
Yes. Read your governing documents to remind yourself of your legal obligations as a condominium owner. As well, you can read there the steps that an association must follow in order to foreclose on your unit, for example, to satisfy the debt you may owe for unpaid assessments.
Your monthly assessments pay bills for services all owners benefit from, in common. For example, landscaping, sewer and water, refuse pick-up, master insurance policy premiums, property management fees and so forth. You are obligated to pay the monthly assessments assigned to your unit, so the on…ly way to reduce your assessment amount is to find ways to save money in the budget process. As an owner, you can volunteer to work on the finance committee, so that you better understand your annual budget. There may be expenditures the board includes that can be reduced by negotiation, or by reducing use or frequency. For example, encourage your neighbors to recycle: recycle fees are usually lower than garbage fees; leave lawn clippings after a mow, thus reducing the amount of water required to keep the lawn green and thereby reducing your irrigation expense; conduct community clean-up parties, window washing parties and so forth -- limited by the practicalities of the suggestion, given the physical makeup of your community. Generally, monthly assessments are not reduced -- they may remain flat for a year or two, and you may be able to find ways to reduce expenses, thereby holding down increases to your monthly assessments. (MORE)
The governing documents for the association spell out eviction processes. They also detail the steps that the board can take when an owner falls delinquent in paying their assessments. One option could be to step into the revenue stream enjoyed by the owner from the tenant, as a way to collect past… due assessments. The additional document you need is your lease or rental agreement, which may also spell out your rights. Finally, you can check Florida state law regarding tenants' rights, to verify what yours might be in this case. (MORE)
They usually don't foreclose for a condo fee, but they will place a lien on the home, meaning it cannot be sold until the lien is resolved. You can read all about the association's responsibilities to collect condominium assessments and the process that can be followed in order to collect this de…bt in your governing documents. Foreclosing on your unit is usually an option, and the last one that an association would probably pursue. But associations usually have the obligation to pursue collecting the debt, and if foreclosure is the last option, the association may chose to use it. (When you don't pay your monthly assessments, you're essentially asking your neighbors to pay your bills.) (MORE)
If Massachusetts is like most other states, the attorney who filed the lien on behalf of the association can provide you a total amount to pay, which includes the lien amount, the attorney's fee and the filing fee. In order to lift or remove the lien, you must pay these amounts -- usually to the at…torney, who will then distribute the funds to the association and keep his/her fee and expenses. Once paid, the attorney can direct you in the process to follow so you can file a 'release of lien' document with the local court, thus clearing title to your unit. (MORE)
If you own your home outright and the condo association has placed a lien on it for unpaid condo association fees can they take your home if the fees are not paid?
Yes. Read your governing documents to verify that your monthly assessments represent an automatic lien on your title. When your board decides to file a formal lien, they are taking one of several steps they are entitled to take to collect the debt, including selling your condominium. (When you …don't pay your assessments, you ask your neighbors to pay your bills.) It's a good idea to pay your assessments each month. (MORE)
The monthly condominium association fee -- properly, assessment -- is a sum of money you agreed to pay when you purchased your unit. Assessments are spent to pay for services that all owners enjoy, such as maintenance, safety and protection of real estate assets owned in common, including in some c…ases, basic utilities. Read your governing documents to remind yourself of your agreement to pay. Withholding your payment means that you're asking your neighbors to pay your bills. Further, you can read the steps that your board can take to collect this debt that you owe, including placing a lien on your title, perhaps locking you out of access to amenities, and finally, usually as a last resort, selling your unit to satisfy your financial obligation to your community. (MORE)
How can you prevent your payments on condo association dues being applied to late fees instead of dues?
Review your governing documents to determine when late fees are charged. When you pay your assessments on time, there is no late fee; when you pay your assessments late, you pay a late fee. Late fees incurred for paying your assessments late are debts that you owe. You may be able to negotiate w…ith your board to reduce the amount of late fees you incurred, if you have special situations. However, the decision of the board is final. (MORE)
Yes, generally. Associations levy assessments against unit owners in order to pay for communal expenses. These might include: . Master insurance policy premiums . Landscape, pool, public recreational area maintenance . Basic utilities, and/or cable and Internet services . Contributions to main…tenance reserves and other reserves, so that real estate assets you own in common can be replaced at the end of their useful lives . Professional services, such as tax preparers, property managers, reserve study experts, building inspectors and so forth When you purchase a condominium, review the governing documents to confirm that you will be responsible for assessments, and to understand what steps your potential association's board must take against you, should you fall into arrears. Part of condominium life is freedom from exterior maintenance of your home. The price for that freedom is assessments. Finally, when you purchase a condominium you become a member of a multi-million dollar (usually) non-profit corporation that is charged with the security, maintenance and preservation of the real estate assets that you own in common with all other owners. Unless your community profits from rental of its amenities, its only source of income is association assessments. (MORE)
If you are unable to pay your assessments, you can sell other assets, obtain a loan or by some other means, come up with the money. Friends, family, a bank -- all are potential options. Your condominium assessments pay for amenities, insurance, reserves contributions and utilities that you enjoy. …Your assessments are debts that you owe. Your condominium association may be able to sell your unit to satisfy your obligation: read your governing documents to determine how your board is required to proceed against owners who do not pay their assessments. (MORE)
Not usually. Your monthly assessments -- fees, you write -- pay to operate the community and save money for major repairs.
Can a condo homeowner be charged a fee to obtain a master condo association flood certificate of insurance?
Depending on the source of the certificate, it may be that there are expenses related to producing it. The management company may have a set fee for all copies, scans and so forth. The insurance company may have already provided a copy to the association, and your request is for a duplicate copy. …The insurance company may charge for it. The fee should not be excessive; it should be nominal. Unless there are extraneous circumstances, such as duplicate requests from a single owner. (MORE)
The Secretary of State will list all associations that are corporations. Otherwise, it's the local county tax assessor tax rolls. You can contact a local realtor who specializes in condominium sales, and inquire as to a state-wide database.
Yes. The association can file a lien on your unit's title, which clouds it and which shows up on your credit rating. Read your governing documents to remind yourself of your contract with the association to pay your assessments, which the association uses to pay the expenses of operating the comm…unity. Further, understand that a lien may not be the final step that the association can take to collect this debt that you owe; the association may be able to foreclose on your property and sell it to retire the debt. (MORE)
Yes, generally. Your governing documents could be very specific on this issue. (Generally, assessments are levied against owners in order to pay the operating expenses of the community. Often, not only do owners agree to pay them when they purchase a unit, but your governing documents may indicate …that the liability to pay is also a personal liability.) It's a good idea for the association's treasurer to set the late fee amount and the due date and remind owners annually. Often these details are included in assessment payment book coupons. Interest is also chargeable, but only according to the amounts documented in the CC&Rs. Finally, depending on the expenses that the assessments pay monthly, the association may deny services to a non-paying owner, to and including utilities, club room or pool access, and so forth. As a last resort, the association may be able to sell the unit to retire the debt. (MORE)
no but trying to If a condo owner falls more than 90 days in arrears of association, the right to use common areas can be suspended by the association until such dues are paid.
Every condominium association, which is the business that protects, maintains and preserves the real estate assets that you own communally with all the other unit owners, requires money to operate the business. Depending on the amenities in your community, the 'fees', most properly called assessm…ents -- can cover everything from pool maintenance, landscaping, contributions to reserves, master insurance policy premiums, and more. Your treasurer can give you a copy of the annual budget, so that you can review the line items showing how each of your assessment dollars is spent. (MORE)
Your governing documents are specific about your responsibility to pay your assessments. Sometimes, assessments are due on an annual basis and payable monthly.
Condominium assessments are established -- usually once per year -- by the treasurer and the finance committee. The process includes reviewing last year's expenses, working with established vendors to understand next year's increases, and adding budget money for work to be done. Once per year,… the association holds a budget ratification meeting, which is the board's opportunity to explain to the membership -- unit owners -- what's included in the budget and explain each line item. You can read more about the board's requirement to set a budget and call the budget meeting to ratify the proposed budget for the next year in your governing documents (MORE)
Yes, in a word. If your water is paid for by the assessments you promised to pay when you purchased your unit, and you do not pay your assessments, then the association can deny you access to services, including water, for which you refuse to pay. Read your governing documents to more fully under…stand both your responsibility to pay assessments, and the association's duty to collect them, and the lengths to which the association can go to satisfy your debt. (MORE)
Some property managers offer this service. Otherwise, any web hosting vendor would be appropriate for your Web site.
Read your governing documents to determine how the board can develop an annual budget for assessments, in order to pay the expenses for maintaining, securing and preserving the real estate assets that all owners own in common. There may or may not be a number: in some states, if increases exceed a… number, say 25% in any year, qualified mortgage lenders must be notified. Your treasurer or association manager can help you understand the basis for increased assessments year over year. (MORE)
A local realtor can help you understand the regular and special assessments for any condominium association in your geography. There is no standard.
A condominium association is a legal entity, often a state-registered corporation, made up of members who own condominium units. Read your governing documents to identify the particulars of your association, and how the state's corporate guidelines affect the business conducted by the association… on behalf of its members. (MORE)
Read your governing documents to determine what the association isrequired to review prior to your renting your unit. It is possible that the association has a rental cap, in whichcase, your rental may or may not be allowed, depending on thecurrent percentage of rentals in the community. The associ…ation is not in the business of approving your tenant,but can require proof from you that you have performed a backgroundcheck and a financial check on a prospective tenant. The association may require proof that you asked a prospectivetenant for an application, but the association is not legallyallowed to require it. The association may require that you supply a copy of any rentalagreement you sign with a tenant. (MORE)
Of course, anyone can sue anyone else for almost any reason. In this case, however, when you sue an HOA in which you own property, you're suing yourself. If you are unhappy with your assessments, there are different and potentially more effective ways to make your discomfort known, and otherwi…se work to minimize annual increases in your assessments. . Read your governing documents to understand how to vote against your annual budget. . Become involved in the finance committee so that you can review invoices and most fully understand the expenses required to operate your association. . Volunteer to help find appropriate vendors who charge less, or do more for the same fee. . Run for office and work with other owners on your board with a goal to holding assessments level, year-over-year. . Volunteer to demonstrate your pride of ownership by taking on tasks currently being completed by vendors -- where your governing documents allow owners those options (MORE)
Follow the stipulations as they appear in the condominium agreement signed by the owner. These are called governing documents. Best practices dictate that the association work with their association-savvy attorney to collect unpaid assessments. That partnership means that the association will fol…low its own guidelines, and that the owner will pay all costs associated with collection, and ultimately, if necessary, the proper lien filed in order to protect the interests of the association. (MORE)
Read your governing documents to determine the cause of this apparent threat. Since you chose Liens as another category, you may have a lien on your title for unpaid monies that you owe to the association. As a last step in collecting monies you owe, your association can take possession of your c…ondominium and sell it. This process is written out in your governing documents. (MORE)
Is it against the laws of privacy for a condo board member to disclose at member meeting someones payment history of condo fees also if they are current or not?
Generally, it would be appropriate to discuss past due condo fees and who owes them at a member meeting. However, you should review all the condominium documents to determine if that action is specifically discussed. All the board members and unit owners have an interest in the financial stabilit…y of the condominium. Delinquent condo fees are an issue that should be discussed and addressed. Another Answer Since assessments are a condominium association's primary source of revenue, the payment history of any and all owners is critical data. However, civility may dictate that pointing out individual owner's history -- treating less than all owners equally -- can cause disruption within a community. Individual assessment payment history is not a critical public function of these kinds of corporations -- businesses -- that is necessary to be documented in meeting minutes. Families' financial details are generally private information within any community. Reading owners' assessment payment history into meeting minutes fails the test of reasonableness and the 'duty of care' guidelines for directors/ corporate officers. . Privacy and collection regulations, if they exist in your locale, aim to protect the privacy of owners who are delinquent in paying their assessments. A local attorney can best explain your local privacy laws. . Paying your assessments on time is expected, as is following the other guidelines of the association. Best practices in the United States dictate that past due assessments be noted as a summary amount in the overall financial picture, but that the unit identifiers and names of owners who have not paid their assessments be held back for discussion in executive session. (You can learn more about collecting past due assessments, below. If you are a delinquent owner, you may also learn more from this link. NB: This link is not endorsed by WikiAnswers, but provided here for your information.) (MORE)
Can your condo association put a lien on your condo if you haven't been able to pay your maintenance fees?
Short answer: yes. Longer answer: If you are unable to keep up with paying your assessments, it's always a good idea to relay this information to your association management company and work out a payment plan. Working out a payment plan demonstrates your good intentions to pay what you owe. Igno…ring attempts to collect what you owe demonstrates your willingness to require that your neighbors pay your bills. (MORE)
What does it mean if a condo association puts a lien on your condo if you haven't been able to pay your asessment fees?
As an owner, it means that your title to your unit is 'clouded' -- your title is encumbered/ not clear -- by the amount of your assessments past due and accumulating, that remain unpaid. A lien may also appear on your personal credit report if the title is in your name.
Condominium unit ownership and assessments are not separate; assessments are always associated with a condominium unit. LONGER ANSWER Assessments connected to individual condominium units are included in the purchase/sale agreement, based on the allocated interest of that unit in a 100% total o…wnership of all the common areas in the community that are owned in common by all owners. Said another way, one always buys/sells a condominium unit with assessments, the amount of each being determined annually by the association. (Assessments pay bills to operate the community. Line items can include master insurance policy premium, maintenance and upkeep of amenities, contributions to reserves and other expenses to be funded by owners.) (MORE)
Read your governing documents to determine the association's guidelines for tenant behaviour. It's possible that when a mis-behaving tenant cannot be controlled by the owner/ landlord, and the association has notified the owner/ landlord of violations, given the owner an opportunity to defend the …tenant's behaviour, and the mis-behaviour continues, the association may be required to resort to evicting the tenant. (MORE)
Best practices dictate that you engage your association counsel to help you in this matter. There are different kinds of liens, and if you expect to collect past-due assessments, process and procedure can be 'everything'. Generally, there is no time limit, but allowing the non-payment situation t…o drag on limits the association's ability to operate, unless there is another source of income. Answer Management companies need to be careful about timing of registering liens for arrears. See related link. (MORE)
There is no standard. Read your governing documents to determine whether or not this is avalid action by the board. In addition, your local city, county or state may prohibitwithholding life-saving services in this situation.
Best practices dictate that the board and association manager review the local laws and work with the bank to collect unpaid assessments and maintain currency with assessments as they are due until the unit is sold. Your local association-savvy attorney may also have some ideas about collecting t…hese assessments. Unpaid assessments can only be paid once the unit is sold, usually. Your answer may be location-centric. In some states, assessments have a 'super-priority' in terms of who gets paid first -- but only for six months' worth of assessments. In some locations, smart associations pursue the banks for unpaid assessments and force payment with ongoing payments until the unit is sold. (MORE)
There is no standard, and thus no average. Assessments you pay as acondominium owner wherever you own the property, pay for theoperation of the community, according to your ownership share.There is no standard for a condominium, its assets, its size, itsage and so forth.
Who is responsible for paying for County Inspection Fees when a condo association replaces a garage door?
It is reasonable that the owner of the garage door, whocommissioned the replacement, is liable for the inspection. Read your governing documents to determine who owns the garagedoor. Some individual garage doors are limited common elements, and arestill owned by the association.
Your answer depends on who pays the electric bill. Most governing documents and most state condominium laws specifythat 'unmetered utilities' be assessed (paid for) according to use. If you pay the bill in your attached garage, the association cannotlimit your use. If you park in a common area, ope…n garage area inan assigned slot, and the association pays the electric bill, theymay be able to limit your electric use. Best practices dictate that you work with your association toinstall a sub-meter so that you can pay your own electric billaccording to your use of the utility in the garage. (MORE)
There is no standard. Read your governing documents to determine how far that associationcan reach into history for unpaid assessments. Your state law may also limit the reach. At the time of sale, all past-due assessments can be collected --if the board has positioned its claim appropriately -- s…o that anew owner is not liable for unpaid assessments by a previous owner. (MORE)