Can the Association Foreclose on my Condo if there is no Mortgage?

J.R. from Hartford County, Connecticut writes:

Dear Mister Condo,

I own my condo outright; no mortgage. I owe condo fees. Can the association foreclose on my condo if there is no mortgage?

Mister Condo replies:

J.R., you bet ya! Non-payment of common fees is a big no-no in the world of community association living and for good reason. Your association is a non-profit corporation that pays for many services that you and each and every one of your fellow unit owners consume every day. Insurance, property management, trash and snow removal, upkeep on the common grounds, common utilities, and so much more are paid from the association’s general fund. Common fees and assessments are the lifeblood of the association and the law guarantees that those fees will be collected. Of course, like any other legal procedure, there is due process. If you are being threatened with foreclosure you have most likely already been served with warning letters, collection letters, letters of demand and more from the association or their collections agent and/or attorney. The next step would be for them to file a formal foreclosure action against you. Unless you have some very strong reasons for non-payment of common fees you will very likely lose and your unit will be foreclosed upon.

My advice to you is to pay your common fees and be a good neighbor. After all, common fees represent your contribution to the association for your portion of the services you consume. It is a fair and equitable system that has withstood the test of time. All the best!