N.W. from Fairfield County writes:
Dear Mister Condo,
What is the legal statute that allows a condo association to foreclose on an owner’s unit?
Mister Condo replies:
N.W., I am not an attorney but I do know a little about the specifics of Connecticut’s condo laws with regards to unpaid common fees. Begin with the association’s documents. You will find all sorts of rules and guidelines for what happens when a unit owner does not pay the common fees. There is a collections process outlined and a foreclosure clause for the worst of offenders. What is far more common is for the association to be granted a lien on the unit if it goes into foreclosure by a third party, most commonly a mortgagor (bank), who will begin foreclosure once the terms of the mortgage are broken by the borrower. There are additional laws about the right of the association to collect unpaid common fees from unit owners found in both the Condominium Act and the Common Interest Ownership Act (CIOA) that codify these rights. If you need a more specific answer, I suggest you consult with an attorney who specializes in community association law and has experience in this area. You find just such a list at http://www.caict.org/?page=Directory#Attorneys – Individual.