Legal Question in Real Estate Law in Massachusetts
I'm an owner of a condo in a 2-condo house and am the secretary of the condo association. The other owner has not paid condo fees for over a year despite certified letters and phone calls. He is currently trying to sell his unit through a short-sale. What should I be concerned about if he sells without paying his fees in full? How does a short-sell of his unit affect my unit, my credit, etc?
3 Answers from Attorneys
You can only foreclose for 6 months of dues under the Superlien law. However, even with a short sale, the Buyer will want a 6 d certificate. I would suggest you contact an attorney to assist you with the foreclosure process so the lender is made aware and you get an agreement on the use of proceeds from the short sale or at least 6 months fees and legal fees.
I agree with Attorney Roth. The Massachusetts superlien law allows you to foreclose on a property, and get priority over other liens, for non-payment of condo fees. You need to speak with a lawyer and commence the process as quickly as possible to preserve your rights!
You should notify the person that you will file a notice in the registry of deeds that he has failed to make his payments
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