Unpaid dues - collectable via 5407?

Tony,
Without knowing more detail, I expect you must follow your documents and state law, and it may be different from state to state. In general, you management must establish a bonafide interest in the property. You are better served if you have a court order that recognizes this interest. What do you documents say? I would be conscious of the sums you are trying to recoup and make sure the cost of recovering these funds is worth the effort. This 54077 is apparently some kind of form or justification you have an interest or a document that someone would file to establish interest. A state document I assume. Is there an explanation about how you file this claim (54077) and what has to be provided to the settlement process, be it foreclosure or resale. In an ordinary straight sale of property one party to another party, your association documents should clearly explain how you protect the association interest. Normally. it would be the seller that must clear the deed of all demands as listed by the courts or demand from others. It could be that these interests total more than the equity that the owner has built up in the property, in which case the presiding judge will set a list or interested parties by order of priorities, with the Mortgage holder first. The association is usually down the line around third or fourth. Any documentation the association provides the court on these sums owed helps to set hierarchy. It is a judgement call it the documents do not provide direction. If the sum you are claiming is large, it may support the expense of a good attorney. If your documents are not specific and you decide to follow through on your interests, I would as soon as possible establish a Board Policy that describes how the association interest is established and use this for all collections in the future, again this may warrant hiring a good attorney to construct the policy.

Mary,

I agree... they should have been liened on. Especially after he lost in court the first time around. Now, the last officers were "checked out" of the whole association situation so nothing was done. Now myself and two others are working hard to restore the association to where it was. Our reserve account is at $0 and we will have just enough to cover the insurance bill when it comes due in a few months. In the meantime though, we need to address this and quickly as I just heard an offer on the house was just submitted. I have a friend who used to work for a title company and she should be able to point us in the right direction. At the very least, I would suspect the first judgment we won should be enforceable.

The first judgment was a default in favor of the HOA. I'd like to get a lawyer involved, but since we have very little money at this point, a lwayer is not financially feasible.

Yes, the homeowner is responsible for the unpaid dues including interest, fees, filing liens, etc. One may think they don't have to pay until they sell their house but they can't close until fees are paid. Usually your management company will send out the first letter to pay within so many days then after that time passes, a second letter will go out stating that they have so much time or a lien will be filed with the court and once a lien is filed with the court it is not confidential anymore. If they still don't pay then you can forclose on them if it is in your covenant to do that... If they are making good faith payments, this is different. They can ask their management company to set up a payment plan for them. We started a helping hand fund in our neighborhood for the unfortunate who have been hit hard by the economy. ex: single mom who lost job and wanted to get on her feet but couldn't yet. Something to think about.

Helen,
How State specific are we talking here? Are you saying anything but a Sherrifs sale on the premises, the property goes to escrow? Who is "they" that ask these questions? I'm not quite sure it woprks that way in SC. Also, what defines "a standard sale"? Most if not all foreclosed property is sold on court house steps here in SC.
I am not sure if we have "Escrow Companies."

Or, is this all just about a Property that was abandonded but there was no mortgage? Who orders the sale of the property if there is no one with any interest except the HOA? I'm confused (a common state for me)

HelenK,
Thank you, that's a big help. In SC, as far as I can determine, all this is between the buyer and seller. I am sure there are state requirements that demand a clear title and I don't think a clear title can be issued with outstanding bills against a unit, by anyone.

But.........this new HUD requirements regarding %rentals in condos seems to add another layer tyo the process and it appears the Condo management is going to have to certify specific figures or FHA and Fannie Mae, at least will not approve the mortgage.

Anyone run across this yet, old or new?

A lot of mortage companies have asked for this for years It is my understanding from real estate agents I know that if there is not 51% homeowner occupancy it is harder to get even a conventional loan and always has been I have filled out those forms also for mortgage companies They want to know how many units how many rental and sometimes how many vacant The questions vary with these I have had to call some of them up and tell them I am trying to fill out this form but What is fee simple Anyway the big issue with FHA will now be the 15% limit on homeowners delinquent and the reserve study The pendulum has really swung. A couple of years ago there was an Fha appraiser out looking at a unit I talked to him and discussed our siding repair issues and what areas were worst He informed me that as long as the siding next to the unit in question was okay he would pass it and did not really want to hear about the siding on the other side of the building