Is it legal to publicly post condo units that are delinquent with their monthly fees?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 13 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.