How can a condo board stop a delinquent owner from renting out their unit?

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How can a condo board stop a delinquent owner from renting out their unit?

I’d like to get any help with a though situation our association is going through. We have 1 unit owner who abandoned his apartment last year. He doesn’t pay maintenance since then (neither the mortgage nor property taxes). All of the sudden he appeared today to let us know he is renting the apartment. We are putting a lien already for the past debt due but is there any legal resources we could use to stop him from renting up until he pays what he owes? We can’t pay his tenants usage of water, electricity in common areas and amenities usage such as parking, elevator etc.

Asked on December 20, 2011 under Real Estate Law, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

One possibilty is to look into a lien on the tenant's rental to pay overdue fees on the property owed the association. Whether or not that is a possibility would first need an attorney experienced in association disputes to be consulted with and most likely a review of the recorded "covenants, conditions & restrictions" that I presume are in place concerning the planned unit development that you are writing about.

If the association can get an order from the court to have the tenant of the property owner you are writing about pay the association the rent for past dues, then you will have a solution to the problem you are writing about.


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