Is it legal to publicly post condo units that are delinquent with their monthly fees?

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Is it legal to publicly post condo units that are delinquent with their monthly fees?

In this high-rise condo building consisting of 100 units, 6 owners are in arrears with their payments, placing an increased burden on the rest of the owners. 1 owner is more than 2 years behind, owing over $21,000 to the association. Do we have a legal right to know which units are not paying their fees and how much is owed?

Asked on January 30, 2011 under Real Estate Law, Ohio

Answers:

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

Answered 10 years ago | Contributor

You would be walking a very fine line here if you were to publish anything like that and I would really err on the side of same, cautioning you against it.  What you do need to do is to have the condo association act on the arrears in accordance with the agreements that you have in place.  I am sure that your operating agreements speak to the issue and I would check with your attorney on the next steps to be taken to collect or if you are permitted to file a lien on the condo at this point in time.  You may not want to foreclose at this point in time but you need to have some priority if there is a sale.  Good luck to you.


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