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Questions about Housing Association Laws

What is a homeowners association?

A homeowners association is a corporation of real estate developer for marketing, managing and selling homes, lots and residential subdivisions such as apartments, or condos. There are many responsibilities when becoming a homeowner association, and many questions my pop up, and some misunderstandings. Don’t keep going without knowledge, read below where five commonly asked questions have been answered by Experts on JustAnswer.

What can a condo association do in order to collect past due payments?

In order to collect past due payments the condo association can hire an attorney to sue the owner for the past due fees. They can state by sending collection letters to try and collect the fees; they can also have the attorney do this as well. If the owner fails to respond or pay the fees they can hire a collection agency to hire an attorney to sue them. Some attorneys act as if they are collectors in order to try and collect the past due amount, and when they cannot collect the amount then they will file for a lawsuit.

In New York what is the difference between homeowners association and a condo?

A condo is a unit that a larger building normally for multi-tenant building. A townhouse is a separate structure but shared by the same walls. A townhouse normally owns the land or has a specific property. A condo owner doesn’t own the land.

Can someone sue a condo association if they have not met our needs?

In most situations the tenant can sue the condo association for not meeting specific living needs. If the tenant has asked multiple times for things to be fixed to make the condo livable, and the condo owner fails to comply then the tenant may have a lawsuit.

If the IRS hasn’t made a demand on not filing an 1120H form for homeowners association, should they go ahead and file?

Filing an 1120H is a provision to take advantage of the homeowners’ tax breaks. If someone has failed to file by the due date then the HOA must file a tax return. Filing the returns at this time will have no effect on them.

Ask a Real Estate Lawyer

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Recent Association Questions

  • Hello, we recently had a small set of complaints about "bird"

    Hello, we recently had a small set of complaints about "bird" noise.
    We have lived in the same house with the birds for 10 years without incident. We have what we believe have good relations with our immediate neighbors. We want to understand who is complaining now to understand the concern and possible options. We know one neighbor has a history of reporting minor offenses without any direct discussion.
    We asked if we can get the names and locations to start a conversation and take reasonable next steps. We were told that complaint details to the HOA are considered private.
    Don't we have a right to face our accuser? We live in California. Do we have a path to obtaining details of these complaints?
  • I'm in California. If my trees roots damage my neighbor's water pipes, who is r

    I'm in California. If my trees roots damage my neighbor's water pipes, who is responsible?
    There is no neighborhood association.
  • Hi. My family member lives in a 2 br condo in CT. Due to a

    Hi. My family member lives in a 2 br condo in CT. Due to a profound depression, she has gotten very behind in everything. I have straightened out her little monthly charges, but she is in trouble with her real estate taxes and due to being underemployed, cannot continue living there. 2012 (payable 2013) taxes have been sold to a private party and the current payoff is $4400. The first half of 2013 just went overdue @ $1900. Condo fees are $750 a month. The condo is in poor shape, neither the stove nor the dishwasher works, the kitchen is hopeless and we are going to replace e the flooring next week. The condo is worth maybe $30k, however a one-br just sold in May for $68k. Finally, her student loan balance has ballooned to $27,000. I am trying to file for bankruptcy for her, and get her into an apartment she can afford. However, if she files now, the condo fees will keep accruing and so will taxes. If she walks away from it, I am afraid she will have "zombie title" to the property, being the owner of record and liable for taxes and maintenance. Ideally I would have her stiff the condo association but I understand that they can also initiate foreclosure proceedings. My plan A is to get it sold and pay everyone from the proceeds. But the market is soft and lots of units are just sitting. What should we do? What are our options? I am looking for her to have cash flow and get out from under this massive weight.
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