Can a condo association evict someone illegally occupying a foreclosed condo?

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Can a condo association evict someone illegally occupying a foreclosed condo?

A year ago, a unit in my condo association was foreclosed. The people living there haven’t been paying for ages. A bank has assumed the ownership but it took a year to get them to pay maintenance fees and when we inquire about these tenants–who are disruptive and have damaged common property–we get know answers. It seems like a legal limbo. Is there any recourse for the association or do we have to wait for the bank that owns the property to sort through a pile of foreclosures and get to this one? We’ve all tried to be polite and patient, but the behavior of these people is out of hand. What legal rights do we have in this situation?

Asked on August 10, 2010 under Real Estate Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You condo association (which I assume is a Homeowners Association) is a legal entity and has the right to enforce the rules and regulations that they have set out in their by-laws as against the unit owners and maybe even the renters.  Where are your rules?  What do they say?  Generally the board that runs the Homeowners Association is the entity that has the right to bring actions for and on behalf of the entire condo community.  They are also supposed to be a forum for your complaints.  You need to approach the board - at a meeting which should be held on a regular basis - or to request an emergency meeting if one is not scheduled in the near future, to addresses the issues and concerns you have with the tenants.  And seek help from an attorney familiar with the laws involved here.  Good luck.


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