Real Estate Law
Have real estate law questions? Ask a real estate lawyer.
Connect one-on-one with {0} who will answer your question
Answered in 14 minutes by:
3/21/2011
VerifiedHi,
My name is XXXXX XXXXX I'd be happy to answer your questions today.
A homeowner in a townhouse community has a legal obligation to pay her monthly fees. This duty is independent of any her duty to obey the rules of the townhouse association. She needs to pay whether she lives there or not, whether she's allowed to rent or not, and whether she agrees to the other rules or not. "A unit owner shall be liable for all assessments, or installments thereof, coming due while owning a unit, including any assessments coming due during the pendency of any claim by the unit owner against the association or during any period in which the unit is not occupied by the unit owner or is leased or rented to any other person." Wis. Stat., Section 703.165(3).
If she won't pay, the association can foreclose on the unit and sell it to someone who will pay their dues. Unpaid common expense charges consitutes a lien on the unit, so you can foreclose. Section 703.165(4). If the association forecloses the unit, they can charge the unit owner for interest, costs, and attorneys' fees. Section 703.165(6)-(7). For that reason, it's a good idea to contact a local attorney for assistance. You want a litigator with experience in condominium foreclosures. A good place to look is http://www.martindale.com.
Suing someone for a legal obligation owed is not considered harassment or inappropriate behavior, so that letter from her lawyer doesn't really have an impact on the situation. However, since you are aware that she has a lawyer, you may want to direct communications to him (other than the Complaint and summons, which must be served on the homeowner).
My name is XXXXX XXXXX I'd be happy to answer your questions today.
A homeowner in a townhouse community has a legal obligation to pay her monthly fees. This duty is independent of any her duty to obey the rules of the townhouse association. She needs to pay whether she lives there or not, whether she's allowed to rent or not, and whether she agrees to the other rules or not. "A unit owner shall be liable for all assessments, or installments thereof, coming due while owning a unit, including any assessments coming due during the pendency of any claim by the unit owner against the association or during any period in which the unit is not occupied by the unit owner or is leased or rented to any other person." Wis. Stat., Section 703.165(3).
If she won't pay, the association can foreclose on the unit and sell it to someone who will pay their dues. Unpaid common expense charges consitutes a lien on the unit, so you can foreclose. Section 703.165(4). If the association forecloses the unit, they can charge the unit owner for interest, costs, and attorneys' fees. Section 703.165(6)-(7). For that reason, it's a good idea to contact a local attorney for assistance. You want a litigator with experience in condominium foreclosures. A good place to look is http://www.martindale.com.
Suing someone for a legal obligation owed is not considered harassment or inappropriate behavior, so that letter from her lawyer doesn't really have an impact on the situation. However, since you are aware that she has a lawyer, you may want to direct communications to him (other than the Complaint and summons, which must be served on the homeowner).
VerifiedLucy, Esq. and 87 other Real Estate Law Specialists are ready to help you
How JustAnswer works
Describe your issueThe assistant will guide you
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
100% satisfaction guaranteeGet all the answers you need
Related Real Estate Law Questions
Our complex consists of 58 units. The condo bldg is 26 units
Our complex consists of 58 units. The condo bldg is 26 units The townhouse bldg 24 The condo outnumbers the townhouse And most of the council members are condo owners What can we do to level the playi… read more
Chris Fried
Project Attorney
JD
715 satisfied customers
Does it true developer can do whatever they want without HOA
Does it true developer can do whatever they want without HOA approval or owner's consent after turning over to HOA for 2 years. She sold the property to me without disclosure the issues and promised t… read more
Jan
Attorney at Law
Doctoral Degree
3,356 satisfied customers
I live in a multifamily unit and we signed an estoppel
Hi! So I live in a multifamily unit and we signed an estoppel agreement saying what we paid and what Bill's we pay for. Then the building got sold and we were forced to sign a new lease that was diffe… read more
Eric Vander Arend
Law Firm Principal and Managing Attorney
Legal Degree - JD
722 satisfied customers
I am buying a townhouse. I paid cash. I did it to help my
I am buying a townhouse. I paid cash. I did it to help my daughter find safe housing that fit her budget. I'd like to avoid having to pay the increased property tax, buying homeowners insurance when I… read more
JustLaw Esq.
Attorney, Broker
JD
3,131 satisfied customers
Is there also a way to get tenants out if a property is rent
Hi, is there also a way to get tenants out if a property is rent controlled? … read more
Lawyer Esquire
Juris Doctor
3,083 satisfied customers
The heating and cooling has been messed up in this house
The heating and cooling has been messed up in this house since I moved in it because of the thermostat the heating and cooling company has been here about 5 times in the last month that I have lived h… read more
legalgems
Juris Doctorate
33,150 satisfied customers
My husband and I own a condominium unit in Miami that
Hello, My husband and I own a condominium unit in Miami that my mother previously occupied for ten years or so. We have never rented the unit. My daughter and her husband are temporarily staying in ou… read more
KLAW
Juris Doctorate
6,242 satisfied customers
I'd like to know how I can 'legally' run a 30day or less
I'd like to know how I can 'legally' run a 30day or less short-term rental in a multi-family unit townhouse that I own in NYC. Many sources say it is 'legal' to rent out your home if I, the owner, liv… read more
Loren
47,556 satisfied customers
My question - As a landlord am I responsible a tenants
My question - As a landlord am I responsible for paying a tenants utilities? I have a 4 unit apartment complex in the City of Sharon, Mercer County, Pennsylvania; each unit is separately metered for e… read more
Barrister
Lawyer
Doctoral Degree
16,873 satisfied customers
We have had a sewer line collapse. We are in an HOA. The
We have had a sewer line collapse. We are in an HOA. The members are arguing about who should pay and stating that in the bylaws everyone is responsible for their own pipe. There are discrepancies in … read more
Richard
Owner
Doctoral Degree
56,869 satisfied customers
From 1972-2007, I lived in a high ranch home purchased by my
From 1972-2007, I lived in a high ranch home purchased by my parents in New York. After the death of my father in 1978, my mother needed extra income and converted the lower level of home into an apar… read more
Phillips Esq.
Attorney
JD
32,787 satisfied customers
My elderly mother (81) is selling her house in NJ. The house
My elderly mother (81) is selling her house in NJ. The house is on a slab and was recently converted from in floor radiant heat to hot water baseboard heat. My mother feels that the house is cold in t… read more
Richard
Owner
Doctoral Degree
56,869 satisfied customers
Im planning to buy a townhouse in Manhattan where one of the
I'm planning to buy a townhouse in Manhattan where one of the unit is a Rent Stabilized unit. Can I move the tenant out if I claim that unit will be owner occupied?… read more
ScottyMacESQ
Lawyer
Doctoral Degree
2,810 satisfied customers
we built a 4-unit townhouse 2 units were vacant all summer
we built a 4-unit townhouse 2 units were vacant all summer the yards were very big and due to the dry summer we had to water alot we got sewer bills totaling over $800 no sewer was used we asked for a… read more
Ray
Lawyer
Doctoral Degree
11,698 satisfied customers
We had severe water damage done to our unit due to a crack
We had severe water damage done to our unit due to a crack in the roof... Upon repair, the contractors ripped out our radiant heat from our ceiling, is the HOA responsible to repair the heat or for th… read more
socrateaser
37,075 satisfied customers
Im buying a duplex house. It is in escrow right no . The escrow
I'm buying a duplex house. It is in escrow right now . The escrow should be finished around 25th of June . it's 3bed/2bath. and 2bed/1bath . the former owner was living in 3/2 unit then she got forecl… read more
socrateaser
37,075 satisfied customers
My tenant and I share the same building. We signed a lease
My tenant and I share the same building. We signed a lease stating she pays for water/hot water at the property and I pay for oil heat and sewer. 6 months into the lease she is refusing to give me ren… read more
GoLaw
Doctoral Degree
751 satisfied customers
I live in a apartment in Michigan since 4-19-2004.
I live in a apartment in Michigan since 4-19-2004. It''s time to renew my lease in a month. Through a 3rd party the landlord want to charge me for electric heat (I pay my own electic bill in my name),… read more
Bill F.
Associate Degree
1,110 satisfied customers
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
JustAnswer in the News:
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
What Customers are Saying:
Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!
Edmond, OK
My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.
Redwood City, CA
I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.
Wichita, KS
PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.
Houston, TX
Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!
Atlanta, GA
It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.
Apopka, FL
Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.
Freshfield, Liverpool, UK
< Previous | Next >
Meet the Experts:
Barrister
Lawyer
16,873 satisfied customers
21 years real estate, Realtor. Landlord 29 years
Ray
Lawyer
11,698 satisfied customers
Texas Attorney for 30 years dealing in real estate
LawTalk
Attorney
6,208 satisfied customers
I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
Ely
Counselor at Law
5,005 satisfied customers
Qualified attorney in private practice including business, family, criminal, and real estate issues.
P. Simmons
Lawyer
4,710 satisfied customers
12+ yrs. of experience including real estate law.
ScottyMacESQ
Lawyer
2,810 satisfied customers
Licensed General Practice Attorney, Texas
LawyerWriter
Lawyer
1,773 satisfied customers
Over 40 years experience in construction and real estate
< Previous | Next >
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
