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Sponsor Not Paying Maintenance

Started by theuwsider
over 17 years ago
Posts: 7
Member since: May 2007
Discussion about
What happens in a situation when the sponsor owns roughly 20% of the units in a condo (which are rent stabilized), and they (the sponsor) has not paid maintenance for 5 months? What happens with the sponsor and the units they own? What happens to the renters? I was told that the owners will have a monthly assessment to make up for all money owed and for future payments. Anyone have information about this?
Response by lr10021
over 17 years ago
Posts: 175
Member since: May 2007

expensive litigation and the joys of co-ownership. sponsors are usually real estate people, and unless they don't have the money, they may have a claim or decided it was more cost effective to walk away. They may also not have provided a personal guarantee so the building can go after the units or the rental income from the units.

In any case, I presume the rent is less than the monthly carrying costs. In previous real estate recessions, these traded for pennies on the dollar so really they may just be a burden to the building

Everything considered, the renters are in the strongest position here I believe.

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Response by 30yrs_RE_20_in_REO
over 17 years ago
Posts: 9913
Member since: Mar 2009

a) the condo should foreclose ASAP (but probably won't, will wait, and lose more money than is necessary)
b) What happens next depends on whether and what amount the Sponsor has pledged as a first mortgage on the units.
c) If there is no financing, the condo will own the units and must make up the shortfall between the rents paid and the common charges and as units become vacant, be able to sell them for a profit. At the same time, they can go after the Sponsor for the shortfall (if he's got any assets/income) because most plans require that even foreclosed owners are STILL responsible for any shortfall on such unsold unit.
d) If there is substantial financing, the condo has the choice of paying off the debt and then doing the same as above, or handing the foreclosed units to the bank and then demanding they make the payments (however, all the payments not made up until the point of the foreclosure will be wiped out). And, of course, still going after the Sponsor for the shortfall as well.

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