E.H. from Middlesex County writes:
Dear Mister Condo,
Is the common charges fee assessed against the Unit or the Owner of the Unit? What is the Statue of Limitations for past due fees?
Mister Condo replies:
E.H., for the most part, common fees and special assessments are placed upon the owner of record of the unit at the time the fees are assessed. There may be exceptions during the developer controlled phase of a new development but, in most instances, fees are assessed to the unit owner of record and I am not aware of any statute of limitations for past due fees, provided the unit owner was served proper notice under the rules of the association. Association will generally put unit owners with severe delinquencies into the hands of a collections specialist or an attorney. In the most severe cases, the association can even bring a foreclosure action against a unit owner with past due fees. Laws vary by state but in Connecticut the association can recover as much as 9 months of delinquent fees and reasonable attorney costs as part of a standard dues recovery effort. In cases which also involve foreclosure by a bank for mortgage default, that amount can be even greater provided the association file the proper paperwork with the courts during the foreclosure proceedings. More information and links to the relevant laws can be found at the CAI Connecticut Legislative Action Committee page at http://www.caict.org/?page=Legislative. All the best!