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How to deal with deadbeat condo owner?

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How to deal with deadbeat condo owner?

Old 07-12-2012, 12:47 PM
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Default How to deal with deadbeat condo owner?

One of our residents is many thousands of dollars in arrears on his condo dues, any suggestions for how to (legally) force him to pay up? Condo assoc can file liens here in NJ but they won't be settled unless and until he sells for one reason or another. No sign of him leaving anytime soon or being forced to leave, according to him he's current on his mortgage and R.E. taxes.
Old 07-12-2012, 12:54 PM
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can you foreclose and evict subject to the first mortgage? That is normal in Florida and the courts are very COA/HOA friendly... I do know that it take a very very long time to foreclose in NJ though.... can you cut off his access to common elements or things included in the fee / cable pool?
Old 07-12-2012, 12:58 PM
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A real estate attorney in your state will be able to advise you the best.
Old 07-12-2012, 01:14 PM
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Originally Posted by Jus Teasin View Post
A real estate attorney in your state will be able to advise you the best.

X2, since everybody else received their law degrees from H.H. Express University.
Old 07-12-2012, 01:38 PM
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Yeah, our R.E. attorney tells us filing lien (which we've already done) is about all we can do in the great state of NJ, but we won't get anything until and unless he sells. The deadbeat doesn't seem to care and has no intention of leaving (and tells us his mortgage and taxes are current).

Unfortunately our buildings are not constrcuted in such a way that we can shut off his water, and we have no control over cable or electricity (both individual).

So let's open it up a little - how about some out of the box suggestions for some maybe not-so-legal ways to coerce this guy?
Old 07-12-2012, 01:40 PM
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you are in NJ right?
Old 07-12-2012, 01:43 PM
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I once heard of a landlord that beat the crap of someone repeatedly until he got the results he desired. How's that for illegal?
Old 07-12-2012, 01:47 PM
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watch this movie --- Pacific Heights Lots of good ideas here -

http://en.wikipedia.org/wiki/Pacific_Heights_%28film%29

http://www.imdb.com/title/tt0100318/
Old 07-12-2012, 01:58 PM
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Put one end of a hose in his window at night. Attatch the other end to the tailpipe of your car and leave it running. When you call the police tell them the gas stove was on but the burners weren't lit when you went in to check on him. At that point the hose should be nowhere near by.
Old 07-12-2012, 02:10 PM
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I can refer you to a NJ condo law specialist if you want a second opinion. He is a good friend of mine from law school and does pretty much just condo law. Shoot me a PM if you want his info.
Old 07-12-2012, 02:26 PM
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newlyn has the best answer, and if you speak with a RE attorney again, ask whether the COA membership can vote an amendment to the condos Docs that allows for taking deadbeats to court for foreclosure, or allows suing a member in court for the balance.

You might also want to increase the penalties and interest to the NJ maximum, so if all you can do is collect from his estate, your COA will pretty much own the property.

Also consider creating an LLC of people that will be willing to pay up the deadbeat's dues and keep them current, in return for being sole beneficiaries of his condo when it sells....if the COA can establish that in court.

How old is this guy, and is the condo in his name only?
Old 07-12-2012, 03:22 PM
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Name the garbage area after him.

Big sign. "Dedicated to Bob Smith. Unit 703."
Old 07-12-2012, 03:31 PM
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Superglue his locks until he gets with the program...
Old 07-12-2012, 03:33 PM
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Report to his mortgage company that there is a lien. They hate like heck to have their investment encumberred without their knowledge. Their terms may permit them to pay the fees and take it out of his escrow. Which will then need to be increased drastically and he will have a nasty escrow shortage to deal with...

Also, check to see where the common property begins. If the parking space is common you can "store" common assets on it. Like a load of fertilise or a dumpster.

Good luck!
Old 07-12-2012, 05:02 PM
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Triplenet and Kemper have it right from where I sit.

Does he occupy the unit full time? If not it's easy to screw with him. Is it waterfront, does he have a baot or a slip? Does he drive a car, are there any cameras, does he have a view from his unit of the parking spaces and or boat?
Old 07-12-2012, 05:04 PM
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Send your cousin Vinny no neck to knock on his door nice like, "I understand you are a little behind in your association dues, I hope you take care of this real soon, I hate to have to come back here and knock on your door again."
Old 07-12-2012, 05:20 PM
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Originally Posted by 08087 View Post
Triplenet and Kemper have it right from where I sit.

Does he occupy the unit full time? If not it's easy to screw with him. Is it waterfront, does he have a baot or a slip? Does he drive a car, are there any cameras, does he have a view from his unit of the parking spaces and or boat?

Don't you sense a Harassment lawsuit from the condo owner against the COA if they target him?
Old 07-12-2012, 07:15 PM
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Originally Posted by bamaboy473 View Post
Don't you sense a Harassment lawsuit from the condo owner against the COA if they target him?
No way do I see like that.

What do the declarations and covenants say? I got news for ya... Don't pay me and you got problems. It might take years and a lot of money but I'm not going away.
Old 07-12-2012, 07:52 PM
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BTW I was only kidding..... Not that I haven't glued a few locks over the years ......
Old 07-12-2012, 08:05 PM
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I wonder if any of the responders are the same ones that have responded to the post pertaining to HOA nazis?

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