can a condo owner free of morgage be evicted because of possible vandalism caused by him?

Asked by nickie1029, New York, NY Fri Jul 5, 2013

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Don Tepper, Agent, Burke, VA
Fri Jul 5, 2013
Not evicted. But foreclosed upon.

When you own a condo, you're generally responsible for two payments, either of which can result in a lien being put on your property. Those are: (1) mortgage, and (2) condo fees. In some cases, there's a third payment, a homeowner's association fee or dues.

Even if the owner has no mortgage, he/she is responsible for payment of the condo fees and HOA fees. Generally in the bylaws there are provisions for penalties or charges against a condo owner for certain actions. Vandalism likely would be one of those. So, if (1) the association can assess condo fees and penalties, and (2) unpaid condo fees and/or penalties can result in a lien against the property, and (3) the association member fails to pay those fees or penalties, then the association can foreclose.

I had a friend who lost two condos that way. He got into a dispute with the condo association, didn't pay some of his assessments (though he was current on his mortgage), and ultimately lost both condos through foreclosure.

Please see a lawyer for more information.

Hope that helps.
2 votes
Ron Thomas, Agent, Fresno, CA
Fri Jul 5, 2013
You'd have to look at your Condo documents (HOA),
but YES probably.
What does a Foreclosure in Miami have to do with it?
1 vote
Irina Karan, Agent, Aventura, FL
Wed Aug 14, 2013
It sounds like you'd need an attorney to protect you in this possible vandalism situation.
You'll need a real estate attorney to deal with the association, unless criminal intent is involved.
Hopefully not - because then two attorneys will be needed - with real estate and criminal specializations.

Condo documents, amendmends, and rules and regulations need to be read re. this.
It is best to settle with the association without getting into a legal battle - much less costly.
You can also schedule regular additional payments - which could ease the burden.
Or - the best is to repaint/remodel/fix (whatever it is) the issue you possibly caused -
as this is usually the cheapest.

Hope this helps,

Irina Karan
Beachfront Realty, Inc.
0 votes
Yanoska Diaz, Agent, Miami, FL
Sat Jul 6, 2013
I don't think he can be evicted, but arrested yes.
0 votes
Iris I. Rome…, Agent, Miami, FL
Fri Jul 5, 2013
Evicted, no! He/she is not a tenant. Tenants get evicted, owners get liens placed upon and an association is not able to foreclose if they have a lien placed on the propety and you pay your maintenance fees. However, a person must pay any outstanding lien, late fees and any accrued interest on that lien prior to selling the property or if obtaining a loan. If the vandalism was caused by him...then this is actually against the law and therefore, subject to other consequences. However, with regard to your question, the answer is NO. But that person clearly needs to obtain an attorney more vandalism.

Iris I Romero
Sky~Land International
0 votes
Pablo Torres, Agent, Miami, FL
Fri Jul 5, 2013
Hello Nickie,

Read your condo docs.

When in doubt seek the advice of an attorney.

Pablo Torres, MBA
AF Realty, LLC
0 votes
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