Can a condo association use a lien to collect?

However, if an condo association decides to use a lien as enforcement and foreclosure to collect payment, it must follow all statutory requirements, such as giving a unit owner proper notice before taking foreclosure action. Rule enforcement can get complicated for both the association and condominium owners.

When do you become a member of a condominium association?

You need to know your legal rights as a condominium owner to be in a position to properly handle a condominium dispute. When you buy a condo, you become a member of a condominium association, which is essentially an entity that all condo unit owners at your property are a part of.

What are the benefits of a condominium association?

Condominium associations offer tangible benefits and services to their members, but members also owe certain obligations to the association and duties to their neighbors. Condominium living can be a great experience. You get the community feeling of an apartment complex with the financial benefits of homeownership.

How does a declaration work in a condominium association?

The declaration is essentially a legally binding contract entered between the association and each unit owner. Because a declaration is a recorded public record, unit purchasers are deemed to have consented to the declaration and agreed to be bound by its terms when they accept title to a unit.

Can a condominium board get a lien for unpaid common charges?

Board members want to know that they have taken every practicable step to protect their interest in, and to collect, common charges. The New York Condominium Act grants the Board a lien for unpaid common charges.

Can a lien on a condominium be invalid?

Failure to set out the amounts properly subject to a lien can invalidate the lien and potentially jeopardize the condominium corporation’s ability to collect the arrears and associated costs and expenses.

Which is better a mortgage lien or a condominium lien?

To allow the lien to continue against the foreclosed unit would, in effect, mean that the mortgage lien is not discharged by, and is therefore inferior to the lien of for common charges. [15] Some believe that the resolution of this issue in favor of first mortgage holders makes it easier to obtain mortgage financing of condominiums.

What are the rules for a condominium association?

Requirements and restrictions respecting the maintenance and use of units and common areas as not set forth by the master deed to prevent unreasonable interference The rights of a condominium owner and the condominium association can be confusing sometimes and become a major cause of a dispute. How much freedom does a condominium owner have?

How do you set up a condo association?

The easiest way to do this is to come up with a master list of all the physical components in the association. Sit down with your attorney and review the list to make sure it includes everything and determine what the association is responsible for. You might find some grey areas regarding responsibility.

Who are the directors of a condo association?

The condominium association is managed by a board of directors, which is established by the property developer. Once all the units are sold, the developer hands over control of the association to the unit owners, who must elect a new board of directors.