Delinquent Condo Fees

We have a tenant who has paid only five condo fees in the pass five years. She refuses to pay and we have filed a lawsuit against her. She purchased her property under foreclosure and she feels because of the work she has done she will not pay condo fees. We are a very small condo complex (only seven buildings)and have experienced nine foreclosures on four units. (side note: We manage our own property and take care of our own repairs on the property. This tenant believes her property was in poor shape prior to her purchase and that the association is liable for those repairs.)

I was told that she has failed to pay her condo fees that the association owns her property. I can't find this in the Missouri Statues. Can someone help?

As John pointed out, the Association typically files a lien on the property. Then if the property is sold, the Association will be paid (as the lien will need to be satisfied).

If it doesn't look like the property will be sold anytime soon, the Association can then foreclose on the lien. During foreclosure, the property is sold and the lien is satisfied. If there isn't enough money to satisfy the lien, then the lien holder now owns the property. However, if there is a mortgage or if taxes haven't been paid, the individual or Association doesn't own the property fee and clear (as the mortgage and taxes would also be liens on the property). Yet, the Association could then rent the property (which is a whole other discussion) or sell it with an unclean title (some investors will purchase these).

Some States require additional legal action before a lien can be foreclosed on. The Association attorney can assist you there.

Sometimes, it's better to take a claim for money owed through the courts. If you win (and with proper documentation you might) you could then seek court permission to garnish wages or seize bank accounts for the amount owed. Again, your Association Attorney would be able to advise you.