A condo in our association is up for Sheriff's sale; we have a lein against the condo; can we get the dues that are still owed to us before the sale?
Question Details:
We are a condo association. One of the owners abandoned her home, it is now up for Sheriff's sale. We have a court date prior to the sale to try and retrieve some of the thousands she owes for condo fees. Do we have any legal standing to get the money owed to the association. Should we cancel the court date and just go to the Sheriff's sale? What do we need for the Sheriff's sale? Do we need to take a lawyer. The association does not have money for a lawyer due to all the other condo owners who do no pay their dues. Thank you.
Real Estate Law Answers
The very first thing that you need to do, is find out if the court will allow one of the association officers to appear for the association at the hearing; it's possible that since the association is an "entity," a legal "person" but not a living individual, you may need to have a lawyer to be heard at all.
You also need to make sure that your lien is "perfected," if it isn't already. Your condominium documents give you the right to the lien, for the unpaid fees, but you will probably have to do something more to make that lien part of the public record. Once you do that, if the sheriff's sale brings anything more than the loan balance, you would be in line to get paid. Otherwise, you'll have to sue the owner.
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