A.G. from New Haven County writes:
Dear Mister Condo,
Can the association collect legal expense and attorney’s fees from a prior foreclosure when the unit owner paid all but those legal fees and the treasurer inadvertently deposited the unit owner’s check? Now, the unit owner is in arrears again for almost a year’s worth of unpaid assessments. We have begun legal proceedings again to foreclose. To make it more clear, can we collect the prior unpaid legal fees as part of this pending foreclosure?
Mister Condo replies:
A.G., unpaid assessments and uncollected legal fees can cost any community association dearly. Once the courts intervene and the judge makes a ruling and the monies are disbursed, that chapter of the saga is over. I checked with an attorney friend of mine for a clearer answer for you. Here’s his advice:
“If the previous foreclosure was withdrawn otherwise terminated, it’s unlikely a judge would award any attorney’s fees incurred in it now. Talk to the association’s attorney who is handling the case about any other options, but don’t get your hopes up that these expenses will be reimbursed.”
That sounds like great advice. Good luck with this next round of legal wrangling. I hope your association attracts a new unit owner who will be a good dues-paying member of the community. All the best!