Can we block a rental?

We live in a small condo complex (6 units - 3 live-in owners, 2 rentals, 1 weekend/vacation) One of the renters is moving out.

The HOA dues on this unit are approx 10 months behind. Is there any way we can block the leasing of this unit as long as he is behind. The owner/landlord is still making money on his unit, and the complex is paying for their water, common electricity, exterminator, parking, landscape… etc.

We have filed a lien, but we may never see any of it if this goes into foreclosure. Our attorney said there is a very high probability of this, unless the bank agrees to a short sale.

We had the same problem with him last year, but he paid prior to filing the lien. This is a hardship on our small complex when 1/6 fees/revinue/income are ignored.

Thanks

No you can't block the rental or enter the property. Does the owner know they have a lien? It should have been done by certified mail and sent to the HOA address and their personal address if known. The lien filed on the HOA property address.

The HOA does NOT own this property and can't interfere with the owner's contracts. I would start pursuing foreclosure process after a year of owing. They only have to pay what they owe to get out of the foreclosure by the HOA. Most may just pay up when they see the HOA being serious about foreclosing. Just do it BEFORE the bank does and do NOT buy the property.

[This may or may not be legal, but it will cost him more in legal fees to find out than it will to pay up.]

[Does the owner know they have a lien?]

HaHaHa…… The owner/landlord is an attorney. He knows what he is doing. We are a bit leery of getting too creative on our own because if we do something illegal we would be hurt far worse than losing 1/6th of the HOA fees monthly. I went to the courthouse, through the public records, found several of this LLC’s properties (66%) have liens from their HOAs, and this year’s taxes have not been paid, totaling to over $35,000 and is growing each month. Mid-October there were no foreclosures in progress.

[The HOA has no obligation to supply water, common electricity, exterminator, parking, landscape]

The water shut off is inside their unit, or at least no one knows if there are exterior valves. Each unit has it’s own electric meter and there is one for the common areas. I guess we could block the use of their parking spot and trash services. We finally got the pests under control from the previous tenants. It would be harmful for the complex to ban the exterminator.

I really appreciate the responses. Any ideas we can work through before approaching out attorney could save us $$$ in the long run.

Anita

I think you have several options here:

1. Send him to a collection agency, however, based on what you have told us he doesn't seem to concerned with his credit.

2. Examine what amenities you are legally allowed to cut off and do so, sometimes sanctions are helpful.

3. Do as Tim suggested and see what judgement you can get in court against him, whether it is just a simple judgement of if you can get rent redirected to you that is even better.

4. Foreclosure is always an option.

I wouldn't pay much attention to the fact that he is an attorney, sometimes those people are just arrogant enough to think nothing can happen to them. That fact shouldn't sway how you proceed, he may try to exert his legaleze on you but as long as you are following the advice of your attorney your going to be ok.

Anita,

The State Bar licenses attorneys. (This is not to be confused with the Bar Association, which is a club for lawyers.) Based on a limited personal experience, the State Bar of South Carolina appears to be fairly aggressive. It may seem odd, but I would not hesitate to file a complaint with the State Bar about the landlord/attorney.

Other states have held that an attorney who is involved in other pursuits is still an attorney and must behave in a manner befitting the legal community:
"A lawyer takes his or her license along when engaging in any type of activity, In re Pappas, 159 Ariz. 516, 521-22, 768 P.2d 1161, 1166-67 (1988), and does not have the luxury of shedding professional accountability at whim.   Thus, for example, the supreme court has disciplined an attorney for “slip-shod and sloppy accounting practices,” even though the conduct occurred while the attorney worked in an administrative, government job.  In re Grimble, 157 Ariz. 448, 452-53, 759 P.2d 594, 598-99 (1988);  see also In re Lurie, 113 Ariz. 95, 97-98, 546 P.2d 1126, 1128-29 (1976) ( “We state at the outset that it makes no difference whether [the lawyer] was acting as an attorney or as a businessman.   There is nothing to prevent an attorney from engaging in business or other activities, but when he does so he does not abandon his professional ethics if he wishes to remain a member of his profession.”)." From Romley v. Arpaio, para. 15, http://caselaw.findlaw.com/az-court-of-appeals/1340762.html

Your landlord/owner/attorney sounds like one of those jerks who has used his professional license as a sword to inflict injury upon others. The State Bar may have something to say about that.