- Thread starter Gordon
- Start date
condo auction under law #5038
collection of maintenance fees
Fabio is the process fairly straightforward as layed out in the law? Does the auction process happen very often? At first glance the condominium laws seems straigthforward and protects the condo association adequately and if one does not pay fees it is a procedural process where auction can happen within a few months if one is in arrears. In a country where some seem to have less respect or ability for timely payment of obligations it seems to be a great protection for the other owners who do pay to protect and maintain their investments.
Fabio is the process fairly straightforward as layed out in the law? Does the auction process happen very often? At first glance the condominium laws seems straigthforward and protects the condo association adequately and if one does not pay fees it is a procedural process where auction can happen within a few months if one is in arrears. In a country where some seem to have less respect or ability for timely payment of obligations it seems to be a great protection for the other owners who do pay to protect and maintain their investments.
A meeting of the condo owners is required to approve the collection and the foreclosure procedure. If the condo association is in order, there should be no problem in foreclosing.
Of course, if the debtor fights to the death, it could take long, but for this he would have to pay a good condo lawyer and this means high legal fees. If he hasn't been willing to pay condo fees, I assume he won't be willing to pay much more to a lawyer.
Of course, if the debtor fights to the death, it could take long, but for this he would have to pay a good condo lawyer and this means high legal fees. If he hasn't been willing to pay condo fees, I assume he won't be willing to pay much more to a lawyer.
Being sure the condo association is in order is of the utmost importance. Likewise being sure that meetings of the condo association at which actions are taken against the dead beat are completely in order, that all the procedures for assemblies stated in the rules of the association and the condo law are followed to the letter. I say this based on the experience of the condo where I live.
There was a Dominican owner who did not pay his fees and was taken to court. He lost in the land court but appealed. The stay was granted because the non-payer showed that there was an irregularity in the meeting at which the action had been approved. I don't recall exactly what, but something like the notice of meeting was not sent by required date, or an illegible person was a proxy in the assembly...something like that. The sort of thing that nobody pays any attention to when things are going well.
The condo appealed and again there was some irregularity. Same on the next appeal by the condo. This went on for a long time, and the condo was also paying legal fees.
Finally the condo gave up and bought the apartment, taking some credit for the unpaid fees but still paying money to the seller---who made out better than the condo did, but at least he was gone.
Hopefully your guy is not one of those who would rather pay legal fees than maintenance fees.
But be on notice that if there is any irregularity in your rules or or in the process of foreclosure that it will be to your detriment.
In this case it might be quite difficult to follow the condo rules exactly. Our condo units are owned by investors from all many different countries and different languages. It is very difficult to follow procedures to have an official meeting, then get the intent understood and then proxies forwarded if they cannot be here. Our largest frustration lately seems to be that a majority is most difficult as with many unsold units by an uncooperative developer and counting the deliquent condo fee owners, difficulty in getting responses from some investors so a majority vote on anything is almost impossible. Common sense would have made the law state that with proper notice the majority should be of those that care enough to vote. Our lawyer tells me majority has to be half of all unit owners plus one. We will never get anywhere by this condo law.