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  1. #1
    Join Date
    Jul 2010
    Posts
    11

    Default Homeowner Does Not Pay Maintenance Fee

    My question involves a condominium located in the State of: New York.

    We are small condo with just 15 units, and we are self-managed. One of the homeowners does not pay condo maintenence fees for already 3 months now and his balance is about $1,700 now. Obviously, we can apply to court. But how court will practically force him to pay? Yes, court will issue some paper stating that he must pay, and what ? He simply can throw this paper to garbage. What options do we have if he simply does not pay even after court decision ?

  2. #2
    Join Date
    Jan 2007
    Posts
    204

    Default Re: Homeowner Does Not Pay Maintenance Fee

    Quote Quoting Marchello
    View Post
    My question involves a condominium located in the State of: New York.

    We are small condo with just 15 units, and we are self-managed. One of the homeowners does not pay condo maintenence fees for already 3 months now and his balance is about $1,700 now. Obviously, we can apply to court. But how court will practically force him to pay? Yes, court will issue some paper stating that he must pay, and what ? He simply can throw this paper to garbage. What options do we have if he simply does not pay even after court decision ?
    Send the homeowner notice of Intent to File Lien (check with NY's laws on how much notice is required); if the owner still hasn't paid at the end of the ITL's period, file the lien at the clerk of court's office; after the required period after filing the lien and the owner still hasn't paid, then file to foreclose the lien. At this point the owner will paid all dues owed and attorney and filing fees (now at MUCH more than $1,700) or the foreclosure will settled by the court and the condo will be sold at sheriff's sale for the amounts due to the association.

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