Condo sale without condo knowing
Started by nba
over 13 years ago
Posts: 89
Member since: Oct 2006
Discussion about
What can a condo do if an owner sells her unit without following the condo guidelines including: giving HOA right of first refusal, paying certain fees as per by laws, getting new owners to sign by laws or provide application, etc.... What now?
how is that possible?
I wouldn't want to live in a condo where the condo board/management is clueless of whats going on.
I'm with AB - how do the lawyers do the closing without the RFR waiver?
Yes, should be a provision in the contract that stipulates this as a requirement. Could be that the contract is invalid as a necessary condition was not fulfilled.
I think the question here is how does the condo association retroactively exercise its leverage once a sale has been completed by the parties (and probably recorded). Presumably the seller and buyer aren't looking to reverse the transaction, and the condo is not a direct party to the sale contract, so those terms don't provide any leverage. Assume the condo declaration and/or bylaws provide that a non-conforming sale is an invalid one. But what next?
Is it a lien on the unit? A lawsuit against seller and buyer seeking to roll back the transaction as invalid? A filing with the county clerk attempting to impugn the recorded transfer? Eviction proceedings against the buyer on the basis that they don't actually own the place?