Condo Associations foreclosing on units

By
Real Estate Agent with Coldwell Banker Sea Coast Advantage~ Ginger Harper Real Estate Team 93383

Condo Associations

Have you ever heard of a condo association foreclosing on a condo and then buying it with dues of the owners?

We are having something like that going on here and I do not know who to go to for help.  I can't help but think that this is wrong.  Have rules changed....if they have, I feel that human decency has eluded us.

I have great concern for the folks that lost their unit even though they were trying to work out a payment schedule with the association.

Ginger

Comments (4)

Wallace S. Gibson, CPM
Gibson Management Group, Ltd. - Charlottesville, VA
LandlordWhisperer

Not WRONG and it is in the by-laws and CCR's of the documents and should be done by state law...it PROTECTS the other unit owners AND is subject to any first lien or mortgage. 

Apr 02, 2011 11:15 AM
Maya Swamy
Funds Available - Long Beach, CA
Ph.D. Long Beach, CA - fundsavailable.com

It is within the law and I may be wrong but I think in CAlifornia HOA liens and mechanics leans have precedence even over first lients. I would have to check to be sure.

Apr 02, 2011 11:44 AM
Lloyd Binen
Certified Realty Services - Saratoga, CA
Silicon Valley Realtor since 1976; 408-373-4411

Ginger,

The association needs some mechanism to get paid otherwise other owners risk losing services needed to keep the property in good repair.  The entire complex will fall into disrepair.  C.C. & R.s are a lien ahead of the first loan. 

California recently (2008, I think) made it more difficult for HOAs to foreclose, but they still can. 

Apr 02, 2011 12:36 PM
Suzanne Taylor
Ultima Real Estate - Corpus Christi - Corpus Christi, TX
Home Sales In Corpus Christi, TX

Ginger,

I was very curious to see what comments your would receive.  I own a condo which I use as rental property, I know they threaten to turn off the water to the unit if dues as not received on time, but have never heard of them doing anything else.  Now I need to check on that.  Very interesting.

Apr 07, 2011 04:29 PM