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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55594
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I'm on a condo board six unit building. All the

Customer Question

Hello I'm on a condo board for a six unit building. All the owners except for one is up to date on their fees. Our fee is $140. Per month. The owner who is behind owes $3,050.00 dollars.
Three years ago the man in the family hurt his back at work. He had surgery done. Also had a settlement. During the beginning they had difficulty paying their fee, but always said they'd pay ASAP.
During the last three years, they'd pay from time to time. In the meantime, the owner upstairs from them had a leaky refrigerator that caused water damage in their kitchen. That owner has not resolved that issue, so for the last six month there has not been one fee paid. The owner who owes 3,050.00 and has damage to kitchen. States it it up the assoc to take care of it.
Can you please help and give answers to this issie
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Richard replied 2 years ago.
Good afternoon. My name is ***** ***** I look forward to helping you. The association is only responsible if the damaged was caused by a problem in a common element. If the damage was caused by a leaking refrigerator owned by the upstairs owner, then that upstairs owner would be liable, not the association. Given this situation, the HOA fees are a totally separate issue from the damage caused by the leak. This owner does have recourse, but it's against the upstairs owner and the insurance company of the upstairs owner; not against the association. With regard to this delinquent owner, you should place a lien on his property due to the unpaid fees (and late fees and attorney fees) and if not paid, move to foreclose on the condo.
Expert:  Richard replied 2 years ago.
Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). I thank you in advance for taking the time to provide me a positive rating!
Customer: replied 2 years ago.
Is there anything illegal or wrong with providing a statement of income and expenses that states the amount of money $3,050.00 the 3W owes?
Expert:  Richard replied 2 years ago.
Thanks for following up. None at all. There is no expectation or right to privacy regarding a default on HOA obligations.