Legal Question in Real Estate Law in Massachusetts
How can our condo association recover owed monthly HOA fees? New owner of unit is an investor who wants to pay all HOA fees when the unit sells (not an option in condo docs).
3 Answers from Attorneys
If the owner is behind in condo fees, you should speak with an attorney and bring an action on behalf of the association. The association has what is called a "super lien", and the unit owner is responsible for all costs and attorney's fees.
It is too easy to recover these fees... Should the new owner fall more than 60 days in arrears, the board is REQUIRED to initiate legal proceedings to recover the fees. Should he fail to pay them, you may foreclose, sell the unit at auction, and get paid BEFORE the bank.
You should start the lien process for the condo fees. Hire an attorney and you can recover the legal fees as well.
If you need assistance, please feel free to call me without obligation.
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