To
collect from delinquent condo owners, the first thing that needs to be
done is to make sure that the condo association is up to date with the
legal formalities. Once this has been done, the collection procedure
goes as follows:
(1) The condo association approves by resolution the report of the
condo administrator stating which owners are in arrears and how much
each of them owes.
(2) The minutes of the condo meeting, certified by the condo
administrator and authenticated by a Notary Public, are sufficient to
record liens vs. the owners at the Registry of Title for the amounts in
arrears (Art. 33 of Condo Law #5038).
(3) The owner whose title has been liened has 15 days to contest the
lien after being notified. If he doesn't do this, then the lien is
irrevocable and the condo association can proceed to foreclosure.
Professional assistance by a knowledgeable attorney is essential in the process.