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JohnD2
Posts: 1
Posted:
I am president (and currently acting treasurer)of a small (21 unit) homeowners association. It is all volunteer. We have a unit that is past due for over 3K. I received a call from a realtor today, who says they have an offer on the property. What do I need to do to make sure the past due fees will be paid to us on closing. We are in the Minneapolis (MN) area.
HaroldS1
Posts: 308
Posted:
Do you have a lien in place? A lien would have to be paid and cleared before a clear title can be provided.
NancyD1
Posts: 446
Posted:
John if you have not placed a lien do so tomorrow. This is very important to recoup the HOA money. I believe in MN you have a similar statue as we have now in FL. All unpaid assessments, fees, and fines are jointly and severally liable with the new owner. The HOA should also prepare an Promissory Estoppel certificate (you can probably download a form). This is the HOA defense that the homeowner owes the HOA for these assessments. This document will have to be given to the agent for the closing.
RogerB
Posts: 4,986
Posted:
John, in MN are you required to provide a status of assessment letter to the title company doing the closing? If so, they will collect the total amount in arrears at the closing and send a check to the HOA. If a status letter is not provided advise the realtor of the current status of the delinquency and file a lien.
GloriaM
Posts: 820
Posted:
John:

Your closing statement of fees should reflect the assessments due, late fees, any attorney fees, membership fees and or transfer fees related to that unit. The closing attorney will collect the funds at closing for the HOA.

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