Go Back   LegalMatch Free Legal Advice Forums > Real Estate and Property Law Forum > Real Estate and Property Issues
FAQ Members List Calendar Search Today's Posts Mark Forums Read

Find a Lawyer Now By Category:
Family & Divorce Criminal Defense Job & Employment Personal Injury LegalMatch on Facebook
  Real Estate Lawyers Immigration Business Lawyers Other Lawyers LegalMatch on Twitter
LegalMatch is Fast, Free and Confidential
Reply
 
LinkBack Thread Tools Display Modes
Old 07-07-2007, 02:03 PM   #1 (permalink)
Junior Member
 
Join Date: Jul 2007
Posts: 2
Condominium HOA & Property Manger trying to foreclose on my unit

BOD has filed a lien for unpaid dues. The dues are unpaid from 2005 as a hardship letter was submitted and accepted. I am asthmatic, have severe allergies to dustmites, cockroaches and all grasses, and beginnings of COPD.There are improper repairs made to the crawlpace and subfloor of my unit which is also the crawlspace for the right side of the building and rotten subflooring underneath my unit. ( 10 units in the building , 5 on the left and 5 on the right, mine is on the ground floor directly over the crawlspace). Previous Improper repairs made by the previous management company left holes in the cold air return chamber allowing everything in the air of the crawlspace to be pulled up into my cold air return, through out the heat and air system ductwork and distributed through my unit. I have had an air quality test done and it shows irritants to my compromised respiratory system. The BOD and Management Company have made promise after promise to make repairs, they have removed all insulation underneath the unit ( had 3+ inches of mold on it) and replaced with new, (Feb 2006) the mold is now back underneath the unit. They had even offered to buy me out but never followed through on that either. The BOD has told me to sell and move and to not tell anyone about the mold. The longer this has gone on, the worse it gets. I can't live here anylonger and They are now trying to foreclose on my unit, I desperately need help!
jridge1950 is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 07-07-2007, 07:38 PM   #2 (permalink)
Senior Member
 
Join Date: Nov 2006
Posts: 463
Quote:
Originally Posted by jridge1950 View Post
BOD has filed a lien for unpaid dues. The dues are unpaid from 2005 as a hardship letter was submitted and accepted. I am asthmatic, have severe allergies to dustmites, cockroaches and all grasses, and beginnings of COPD.There are improper repairs made to the crawlpace and subfloor of my unit which is also the crawlspace for the right side of the building and rotten subflooring underneath my unit. ( 10 units in the building , 5 on the left and 5 on the right, mine is on the ground floor directly over the crawlspace). Previous Improper repairs made by the previous management company left holes in the cold air return chamber allowing everything in the air of the crawlspace to be pulled up into my cold air return, through out the heat and air system ductwork and distributed through my unit. I have had an air quality test done and it shows irritants to my compromised respiratory system. The BOD and Management Company have made promise after promise to make repairs, they have removed all insulation underneath the unit ( had 3+ inches of mold on it) and replaced with new, (Feb 2006) the mold is now back underneath the unit. They had even offered to buy me out but never followed through on that either. The BOD has told me to sell and move and to not tell anyone about the mold. The longer this has gone on, the worse it gets. I can't live here anylonger and They are now trying to foreclose on my unit, I desperately need help!
Did your hardship letter forgive you the entire amount of 2005 or did it simply extend the payment timeframe? Unless they were actually forgiven (and you have it in writing,) you're still liable for the payment, along with 2006 and year to date 2007. Do you own your condo free and clear? If not, the association can't foreclose on your unit, simply by virtue of the existing first lien from your mortgage company, unless there is specific language addressing this in your by-laws. (You may want to check the by-laws carefully.) They can, however, place a lien for the unpaid assessments, if your hardship letter did not specifically forgive the entire amount.

If you can't solve the mold problem with your association, you can contact your local county or city building department. Quite a few counties now make mold an existing condition that requires adequate treatment and I believe you may have recourse there. It's a given you've put your requests, etc. in writing to the association. If not, I'd suggest you begin doing so. I'd also suggest contacting your local building department if you're being either ignored or "put off" by the association.

A note of caution here: When it comes to selling your property and not disclosing pre-existing conditions, I'd strongly suggest you do a little research. Depending on the state you reside it, sellers are required to clearly disclose such potentially hazardous/dangerous conditions (such as mold) at the same time a property is listed for sale. As a seller, you simply can't remain silent .. you must disclose this somehow, either by a 'seller's disclosure,' 'property disclosure,' or the like. Should you decide to sell your unit in the future, be sure to check your state's requirements .. it'll avoid any possible lawsuits in the future. You may also want to check your own purchase agreement, depending on how long ago you acquired the unit. If your seller "neglected to mention it" to you, you may also have cause for action. Again, this depends on your state, county and city requirements. In many states across the country, mold is considered as potentially hazardous as say, lead-based paint .. and you can't simply 'overlook' it.

Good luck.
TheJury'sStillOut is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 08-16-2007, 02:27 AM   #3 (permalink)
Junior Member
 
Join Date: Aug 2007
Posts: 6
Condo HOA & Property Manager

I agree with "the jury's still out" recommendations, in addition to his suggestions I'd like to make a few.

You have the power in this case. All HOA's are governed by the associations by-laws and covenants, conditions and restrictions (CCR's). A copy of the by-laws should have been given to you at time of purchase usually a copy of the CCR's are provided as well. If you do not have a copy of the CCR's you can request a "recorded" copy from your local Title Insurance Company Customer Service Dept.

You will find in either one of these documents whether or not the HOA has the power to foreclose on you. Initially when HOA's came to be they had the power to foreclose and wipe out your purchase money mortgage. It didn't take long before the lenders saw to it that an exception to the power of the HOA that the default of the dues and the foreclosure to follow was junior to the first mortgage holder.

However, I've seen the lenders upon receiving notice of delinquent dues demand an "escrow impound account" be established to avoid delinquent dues. There's usually mention of this on the promissory note or a condominium disclosure attached to the note and/or deed of trust.

You'll also find in the by-laws or CCR's you can bring suit against the HOA for the structural problems. They ARE liable and if run correctly the HOA has insurance coverage for these type of situations.

Usually the state or county that you live in have departments that deal with complaints against a HOA and are there to protect you. I'd recommend checking with your District Attorneys office for consumer protection involving a HOA and they should direct you to the right department.

Good luck......fortunately for you you bought a condominium in this case.
Let me know how things turn out.
destiny1 is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On




All times are GMT -7. The time now is 04:27 PM.


Powered by vBulletin® Version 3.8.6
Copyright ©2000 - 2018, Jelsoft Enterprises Ltd.
SEO by vBSEO 3.1.0
Copyright ©1999-2008 LegalMatch. All rights reserved. LegalMatch®, the LegalMatch
logo, and the tradedress are trademarks of LegalMatch. Patents Pending.