Delinquent Homeowners (Atlanta: foreclosure, HOA fees, condominium) - Georgia (GA) - City-Data Forum

Rama767 · 03-09-2010, 09:47 AM

I currently live in a high-rise condominium in Atlanta. As in any community, there are always some homeowners who become delinquent; however, I am curious as to what other buildings are doing to increase collection rates. Simply cutting off access to common elements no longer seems to be working. In addition, when homeowners file bankruptcy to avoid paying their dues we essentially have our hands tied while the homeowner continues to keep the bankruptcy open.

One option that was suggested was to make the homeowner take the stairs instead of allowing them to use the elevator (right now our front desk will put delinquent homeowners on the elevator so they have access to their unit).

Have any high-rise buildings tried to do this? Do any lawyers know of any potential liability with this scenario?

Thanks in advance.

BobKovacs · 03-09-2010, 10:09 AM

I can foresee some liability there- force an out of shape owner to walk 15 flights of stairs to get to his unit and have him fall over dead of a heart attack- I'd think you'll be getting a call from an attorney rather quickly......

Mishap · 03-09-2010, 10:19 AM

Do you open a security risk? I know that in my building that the stairs are locked from the well except on exit floors. I remember in Spire people were propping the doors which allowed people to enter from the ground outside.

Can you turn off their parking space transponders or is that already being done? I'd imagine losing access to parking would be annoying enough that either they will pay or they'll proceed w/ bankruptcy. I believe it's what they do in my current building.

Honestly if disabling elevator access isn't getting them to pay, there's not a ton more you can do. Most are likely resigned to losing the place and likely made a far bigger mess of their financials outside of HOA fees.

Rama767 · 03-12-2010, 07:22 AM

Our stairwells are also locked, so if you are in the stairwell someone will have to open the door for you. We also turn off their parking transponders and key FOBs; however, many homeowners still don't care. There are about a handful of homeowners that are $5,000+ delinquent and still live in the building and we're looking for new ideas to get their attention. Interestingly, all of these units pop up in the public foreclosure notices, but for some reason the auctions keep getting delayed.

noah · 03-12-2010, 08:25 AM

Times are tough for all condo associations right now. Our condo has stepped up their collection efforts and they act quickly on sending it to the attorny/collections. Check with your attorney regarding what you can and cannot do.

Unfortunately you are going to loose some but when possible your attorney can attach liens to other assets etc. Once it forecloses those past dues go away and cannot be collected but at least going forward the bank will be required to pay the dues each month. If taking away accesss doesn't work then nothing you can take away will work and if they have no money then there is no need to chase them, just get it in the banks hands as soon as possible. If the unit is rented you do have some other options that work well.

Quote:

Originally Posted by Rama767

I currently live in a high-rise condominium in Atlanta. As in any community, there are always some homeowners who become delinquent; however, I am curious as to what other buildings are doing to increase collection rates. Simply cutting off access to common elements no longer seems to be working. In addition, when homeowners file bankruptcy to avoid paying their dues we essentially have our hands tied while the homeowner continues to keep the bankruptcy open.

One option that was suggested was to make the homeowner take the stairs instead of allowing them to use the elevator (right now our front desk will put delinquent homeowners on the elevator so they have access to their unit).

Have any high-rise buildings tried to do this? Do any lawyers know of any potential liability with this scenario?

Thanks in advance.

xavier132487 · 03-12-2010, 02:59 PM

Be careful of ADA (Americans with Disabilities Act). Whether or not they are disabled, they can claim it, and if you shut down elevator access, you'll have a bigger can of worms than HOA fees. That's why elevators are put into buildings into the first place, not necessarily convenience for all residents (though it is used as such).