Is the unit in escrow already? If so, the buyer needs to be alerted they cannot close without zeroing out the back due HOAs. Even if they try to negotiate the back due HOAs, at least you'll be collecting some funds as opposed to none. Which building are you in?
This is an example of one building that's tried this -- please consult with a real estate attorney to assess the feasibility of a similar route. I agree that locking out the tenant is not a good way to handle the situation.
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DAVID COOPER Las Vegas Foreclosure Speiclaist with 35 years experience buying below market. For a free list see website or Call +1-7024997037
But no, YOU can''t charge the tenant anything if you aren't the owner. Even the owner can't charge the tenat anything that isn't spelled out in the lease.
Leave the legwork up to your HOA/property management. That's what they're supposed to do.
Are you a member of the board? Are you an owner at the condo? Then direct your questions to your HOA.
David Cooper Las Vegas Foreclosure Specialist in Bank Owned REOs at 20% off. For your Freee List
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No, you cannot charge anything to tenant unless you're the owner or the property manager of that particular unit. What you can do is start your own foreclosure or get a judgement lien against the current owner to attach it to the property.
Best wishes 4 all,
You're not going to get the tenant to pay the back dues. You can't lock out the tenant either if they have a lease agreement OR permission from the legal owner to live there. You could get in big trouble locking out these "tenants". If the tenants are in the unit illegally & you'd need proof of that, that is the only way you could lock them out, BUT you'd have to have the police involved or a court order. ( I am not an attorney, these are my opinions)
Realtor Since 1996
Main Street Realtors
The HOA agreement is between the HOA association and the owner. Prior to them purchasing the property, the buyers signed a document confirming they would abide by this regulation. Why would renters pay a fee for which they are not responsible?
As far a "pinching" services, ie. changing locks, turning off water & sewer, removing doors & windows etc.....there are regulations regarding this that would be best processed with an attorney prior to implementing.
First, I doubt you can lock out a tenant. Your contract is with the owner, their contract is with the owner, the owner is likely the only one you can take action against. I'm not a lawyer, so as others have said, you may need to consult one, but start with the link below and explore the Landlord Tenant Law for California. After reviewing this, you may find your answer or be better prepared to discuss your situation with the attorney.
Realtors can not give you legal advice. Your best bet is to contact a real estate and/or and eviction attorney. It is not customary for the tenants to pay HOA Dues unless it is agreed upon and stated in their rental agreement. The HOA can place a lien on the unit for the back HOA dues.
Also, be advised, that if the property in question is in the City of Los Angeles, the property may be subject to the Rent Stabilization Ordinance through the Los Angeles Housing Department, if the property was built prior to 1978. See the link below. Condo's are included.
They are now tenants and have tenants rights. The back HOA dues are between the HOA and the legal owner of the unit, not the tenants.
All the best,
Kat Becker, Agent
Prudential California Realty
You should check with a real estate attorney and ask about the rights of a condo association to foreclose on the homeowner and be able to rent the condo out and then short sale it. That would be a drastic measure but your association may have the right to do so. It is very important that you consult an attorney that specializes in real estate.
Changing the locks is probably not the right thing to do without consulting an attorney.
Dot Chance, RealtorÂ®
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