Putting a Lien on Property if Don't Pay CondoFees

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Ken

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Jan 1, 2002
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1. Is it permissible to include in a condominium's rules that any and all expenses involved in putting a lien on a property for failure to pay condo fees will be charged to the owner of the apartment on which there is the lien?

2. Does the process of putting a lien on a property require the services of an attorney?
 
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Eddy

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Jan 1, 2002
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Ken said:
1. Is it permissible to include in a condominium's rules that any and all expenses involved in putting a lien on a property for failure to pay condo fees will be charged to the owner of the apartment on which there is the lien?

2. Does the process of putting a lien on a property require the services of an attorney?
Click to expand...

My thoughts YES & YES
Fabio's office have a lot of experience and can do it fast. Give them a call.
 
F

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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www.drlawyer.com
To collect from delinquent condo owners, the first thing that needs to be done is to make sure that the condo association is up to date with the legal formalities. Once this has been done, the collection procedure goes as follows:

(1) The condo association approves by resolution the report of the condo administrator stating which owners are in arrears and how much each of them owes.

(2) The minutes of the condo meeting, certified by the condo administrator and authenticated by a Notary Public, are sufficient to record liens vs. the owners at the Registry of Title for the amounts in arrears (Art. 33 of Condo Law #5038).

(3) The owner whose title has been liened has 15 days to contest the lien after being notified. If he doesn't do this, then the lien is irrevocable and the condo association can proceed to foreclosure.

Professional assistance by a knowledgeable attorney is essential in the process.
 
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Ken

Platinum
Jan 1, 2002
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Thanks, Fabio.

When you say contest the lien, what does that mean? That he claims he paid the amount in question, or that he pays what he owes to avoid foreclosure? Or does it mean he claims that there was something done improperly at the meeting?

If an owner pays during those 15 days to avoid foreclosure, can the condo association add to the bill the legal fees and any other expenses involved in recording the lien?
 
K

Ken

Platinum
Jan 1, 2002
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Thanks, Fabio.

For the information of dr1ers that have owners in their condominium who don't pay fees, I can underscore the importance of avoiding procedural errors related to putting a lien on the deadbeat's property.

When I moved into Neptuno in 2000, the association was involved in litigation with an owner who hadn't paid his fees for years. Problem was, the association had been careless when it took action to authorize liens in that the proper procedures were not followed in designating proxies, making sure there was a quorum, and in other ways. Consequently the owner and his attorney were able to repeatedly challenge the lien by pointing to procedural errors. The matter was finally resolved, but it was a lot messier and took much longer than it should have. Also, a lot more costly for the association.
 
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