In our townhouse association there is one unoccupied unit where somebody inherited 3 years ago and they have no paid any homeowner's?
assessment for 3 years. The Directors are not filing a lien.
How can we get them to act on this?
The Recorder's Office doesn't have any knowledge about who inherited it but carries it in the name of the lady who died 6 years ago.
I want the Board to file an action for a lien on the property.
How can I encourage the Board to act?
回答 (7)
How do you know the townhouse has been inherited? How do you know the townhouse is no longer in probate
and is not being challenged by family members or others in the probate procedures?
The townhouse could be in legal limbo, for some reason
What interest is it of yours if the dues and fees of the association has not been paid and might not be current?
You would have to know the status of the townhouse, before any action is taken.
You would need to attend a meeting of your association to find out what they know and the action they have taken if any. You would need to know their plans on any action taken against the townhouse if any.
You might want to read the CC&R or the association to see if the association board have the authority to take any legal action against the townhouse, or it's owner.
Even though an association exist, some are powerless in certain areas and is not able to take punitive action against a member.
It appears as if you are going off half ****** and have little of no information as to the status of the townhouse.
Property taxes may be paid by anyone. The tax collector would not care who paid the taxes as long as they are paid. Paying taxes does not change the ownership of the property. All you will find it you pursue this avenue is that the taxes are paid or not, not who pay the taxes on the townhouse.
If there are fees owed the association, they would need to be submitted to the probate court for payment if the townhouse is still in probate. No action can be taken against the town house until it is cleared of the probate. Any debts owed by the estate would have to be administered through the probate.
Once probate has been completed, if there are legal action to be taken, you would take it against the
property, not the new owner, if there is an owner of record.
I hope this has been of some benefit to you, good luck.
"FIGHT ON"
Read my other answer to your other similar question. Then go to their next general meeting, probably held monthly, and suggest they file a lien.
參考: Certified Paralegal, with 25+ years' experience & with HOA knowledge & I live in an HOA.
unless you are a member of the board it is none of your business
Quit sticking your nose where it doesn't belong. The board will act, when they have information to act. If you want to do the digging and provide the missing information, go right ahead and then, while you are armed with the needed information, you can request the board take some action. Until then, sit back and do nothing, like you are supposed to do.
Run for a position on the board and do it right!
Do you have board meeting that are open to all of the association?
If so, you and your neighbors should be going and asking questions. The "Directors" need to be challenged as to why this money hasn't been collected.
"No knowledge of who inherited" -- but certainly someone is paying property taxes. The association, or their lawyer, can find out who that is and begin the process.
I've been an HOA member for over 10 years and have served on the board. We have monthly meetings and in over 10 years I think I've missed 3 or 4.
It's unconscionable that this non-payment has been allowed to go on for this long.
Have you asked the Board why they haven't filed a lien?
收錄日期: 2021-04-21 16:17:37
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