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I ask a question last night but still have not heard

Customer Question
I ask a question...

I ask a question last night but still have not heard anything

Lawyer's Assistant: Where is the property located?

Myrtle Beach SC

Lawyer's Assistant: Has any paperwork been filed?

I don't know what you mean

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No i already did that last night

Submitted: 7 months ago.Category: Real Estate Law
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Answered in 2 minutes by:
11/22/2017
Real Estate Lawyer: Ray, Lawyer replied 7 months ago
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 48,171
Experience: Texas Attorney for 30 years dealing in real estate
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Real Estate Lawyer: Ray, Lawyer replied 7 months ago

I have 2 condos in a Myrtle Beach, SC condo resort that was hit by Hurricane Matthew. It has been closed since October 5, 2016...It has been under renovation and every month since May they have been saying it is going to open May then June then July and on and on....All owners are having to pay $1000 HOA dues and we have not been allowed on the property since October 2016....My HOA dues and Mortgage are still having to be paid...Are there laws that spell out what owners can do

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state the association is in?

SC

Lawyer's Assistant: Has any paperwork been filed?

At this point the HOA will not call any of the owners and the Board of Directors will not call any owners...

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The condo Resort can not get a Certificate of Occupancy from the City

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Customer reply replied 7 months ago
I should have said all owners are paying $1000 hoa dues a month
Customer reply replied 7 months ago
I
would rather do the chat
Customer reply replied 7 months ago
I don't mind to have a live phone call if I see that I can get some information that will help me with this problem.
Real Estate Lawyer: Ray, Lawyer replied 7 months ago

I suggest you have local lawyer send demand letter.You have right to at least have access to the property as a unit owner.If it cannot be occupied then you have right to some answers here.I am wondering if you have considered a lawsuit if you don't get answers.To me they are in breach fo your contract.

I would try the demand letter here seeking current information and pictures at least to verify there has been progress and where they are and really where they are going.If you could get multiple owners to share a lawyer here that would be even better.You deserve some answers here,ridiculous the board and president will not address the members and be straight with you.

That would be your next legal step a demand letter and suit if unresolved.

Lawyer for you here

Contact Information:

South Carolina Bar Lawyer Referral Service
P.O. Box 608
Columbia, SC 29202
1-***-***-****

I appreciate the chance to help you tonight, please let me know if you have more.

Thanks and Happy Thanksgiving.

If you can positive rate 5 stars when we are done it is much appreciated.

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Customer reply replied 7 months ago
Is there nothing in any South Carolina law that will help an owner from having to continue paying HOA dues when a building is closed and there is no Certificant of Occupancy
Real Estate Lawyer: Ray, Lawyer replied 7 months ago

There isn't unfortunately.You can quit paying here and see if they foreclose.The law here is in their favor .

Reference

If you live in a condominium, single-family house, or townhome that is part of a common interest development in South Carolina, you are most likely responsible for paying dues and assessments to a condominium association (COA) or homeowners’ association (HOA). If you fall behind in payments, in most cases the COA or HOA can get a lien on your home that could lead to a foreclosure.

n most cases, a COA or HOA has the power to place a lien on your property if you become delinquent in paying the monthly dues and/or any special assessments (collectively referred to as assessments). Generally, the lien will automatically attach to the home from the time that the assessment comes due.

Charges the COA or HOA May Include in the Lien

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State law and the COA or HOA’s governing documents will usually set out the type of charges that may be included in the lien. In South Carolina, a COA lien consists of all unpaid sums for common expenses (S.C. Code Ann. § 27-31-210 (a)).

Typically, an HOA is permitted to include:

  • past-due assessments
  • late charges
  • fines
  • collection costs
  • interest, and
  • attorney’s fees and costs.

To find out which charges a particular South Carolina HOA may include in its lien, check the association's CC&Rs or other governing documents.

Lien Priority

Lien priority determines what happens to other liens, mortgages, and lines of credit if your HOA or COA lien is foreclosed. (To learn more about lien priority and its importance in HOA foreclosures, see What happens to my mortgages if the HOA forecloses on its lien?)

In South Carolina, a COA’s lien is prior to all other liens, except for:

  • tax liens
  • recorded mortgages, and
  • other recorded liens (S.C. Code Ann. § 27-31-210 (a)).

To find out the priority of an HOA lien, check the association’s governing documents.

COA and HOA Foreclosures in South Carolina

If you default on the assessments, the COA or HOA can foreclose. A common misconception is that the association cannot foreclose if you are current with your mortgage payments. However, the association’s right to foreclose has nothing to do with whether you are current on your mortgage payments. (Learn more about HOA liens and foreclosure.)

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COA Foreclosures

In South Carolina, a COA lien may foreclose its lien by filing a lawsuit (S.C. Code Ann. § 27-31-210 (a)). (Learn more about general foreclosure laws and procedures in South Carolina.)

You have to decide if you want to let it go to them in which case you quit paying and they foreclose eventually.Thats about it.Please don't shoot the messenger I wish I could tell you otherwise.

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