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CalAttorney2, Attorney
Category: Legal
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Experience:  Civil litigation attorney for individuals and businesses.
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bank foreclosed on 10 units (one owner) of 14 unit condo complex

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bank foreclosed on 10 units (one owner) of 14 unit condo complex and sold them to one person. considerable time passed and i (2 units) discovered there is NO INSURANCE ! the condo declaration has been in the hands of an atty for a week and a half-no reported progress. who was originally responsible?

William B. Esq. :

Dear Customer, thank you for choosing Just Answer. My name is XXXXX XXXXX I would like to assist you today.

William B. Esq. :

The HOA is responsible for enforcing the insurance requirement on each of the owners (and insuring the building as required).

William B. Esq. :

If the majority owner controls the HOA and is failing or refusing to take responsibility to manage these affairs, you have a right to file suit against the HOA to force the HOA to take an enforcement action against this majority owner (it is somewhat round-about given that the same individual is involved in both, but it is important to keep the entities separate).

William B. Esq. :

You should be entitled to your attorney's fees and costs from the HOA in the event you are forced to file suit for breach of contract and declaratory relief and prevail in the matter. Hopefully this majority owner will realize the waste of time, money, and resources that will go into this and simply take out an insurance policy as required (you can demand mediation prior to filing suit in an effort to avoid litigation and the associated costs).

William B. Esq. :

I hope the above is helpful, please do not hesitate to ask any questions and I will follow up promptly.

William B. Esq. :

Thank you for using our service, please do not forget to rate my answer when you are satisfied so that I can receive credit for it. I am going to transfer our conversation to "Q&A" to ensure that you can review my response and that I can follow up to any questions you may have quickly. Best regards, Bill.

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