Legal Question in Credit and Debt Law in Maine
collect past due condo fees
A unit owner abandoned his unit and moved out of the complex. The lender bank has not yet taken possession, thus leaving the association short on fees; the unit owner is now 9 months past due on the fees. Can the association garnish his wages? He is employed and renting elsewhere in the same city.
1 Answer from Attorneys
Re: collect past due condo fees
You should contact your association atty or find one to represent the association to be sure it protects its dues for this instance to to send a message to all other unit owners who may consider similar actions in the future.
The dues should be liened against the unit and this may put the association in a position to obtain $ from the lender as it protects its interest in the unit.
Garnishment is possible, but a few steps down the road. First a collection lawsuit would need to be filed. Your condo documents likely allow the Judge to order the unit owner to pay for the Association's legal fees incurred in the collection.
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