90 days to pay or vacate.

One of our unit owners is past due on her maintenance for more than 2 years and was ordered by the court to pay up in 90 days or vacate. Unfortunately the current BOD is not planing on enforcing the vacate order. this court order will come to fruition in 3 days.
It would seam that the BOD is basing this decision ( no open meeting was held on this yet) on the mistaken idea that if the unit owner should vacate that the HOA will become responsible for the mortgage to the bank and ...that it will cause them to have to make a new asestment of deus to cover the paymeants.

I know this is simply resolved by not making paymeants and waiting for the bank to sell the house but if the BOD refuses to act what can be done?

Hi Donna
Our bylaws only say that should the HOA become in possession of the property that the HOA needs to charge a reasonable rent.
I'll look it up again and post the actual bylaw. again, our bylaws are 20 years old...lol

I thought it was a townhouse but I hear it being referred to as a condo from time to time.
We have seven units individual street addresses. All standing on the ground and we share a common roof. I thought that was a townhouse.

this is what our by laws say.

Foreclosure of liens for unpaid common charges.

It shall be the right and duty of the governing board to attempt to recover unpaid common charges, together with interest and expenses of the proceeding, including reasonable attorney's fees, in an action brought against any unit owner in default on his obligation to pay the same, or by foreclosure of the lien on any condominium parcel in respect to witch such default has occurred provided for by law.

In any such foreclosure the unit owner shall be required to pay a reasonable rental for the unit for the period beginning with the initial default and ending with satisfaction of the amount secured by such lien from the proceeds of the foreclosure sale.

Any unpaid common expenses remaining uncorrectable for more than 60 days after such foreclosure sale may be assessed by the governing board as common expenses to be collected from all unit owners including the purchaser who acquires title at the sale, his successor and assigns.

The governing board acting on behalf of all the unit owners, shall have power to bid on and purchase any unit offered for sale at a foreclosure sale and, and to acquire hold, or lease, mortgage, convey, or otherwise deal with the same.

Suit to recover a money judgment for unpaid common charges shall be maintainable without foreclosing or waiving the lien securing the same, and foreclosure shall be maintainable notwithstanding the pendency of a suit to recover a money judgment.

I'm lost....Brain hurts ....lol

Carol,

I live in a townhome. We have 101 units in which 5 units share a roof.