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 Can I put a lien on condo fees?
Solution
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.


Article Details
Article ID: 634
Created On: 29 Apr 2008 01:48 PM

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