I agree with Ms Stage. I add that although the landlord has an enforceable lease with you and may cancel the foreclosure sale by filing bankruptcy, negotiating a modification or some thing else, I believe you have a valid basis for terminating the lease and moving out.
Preventing you from using the common areas or calling the police to claim you are trespassing are actions that may be considered an attempt to collect a debt in violation of the bankruptcy stay. Talk to your bankruptcy attorney about it. If you do not have an attorney, consult and attorney to see if someone will take you case. If you cannot afford an attorney you may consider filing a motion with the court explaining that the HOA is trying to collect from your during the bankruptcy.
You are correct. Your sister is not entitled to the money. It may have been her insurance policy and her house but it was your ring that was lost. The money should go to you if the policy covers your loss while in the house. If you have any of the insurance information you can contact the insurer about your claim. You may not be the policy holder but you can make a claim against the policy and payment should be made directly to you. The claim may be based on your sister's negligence in...
The short answer is that the condo association can foreclose on the property and have it sold. You must make arrangements to pay the outstanding amount. It is in your best interests to find an attorney to help you as soon as possible.
If the rent check is returned just hang on to the money and create a paper trail. Retain copies of every letter that you send, and keep sending letters requesting information regarding rent payments and state in your letter that you intend to enforce the terms of the lease. If you can afford it, you should consult a real estate attorney for a consultation. Have the attorney review the documents and give you an opinion regarding your right to stay in the property.
The condo association can require that you deliver your monthly rent to them instead of the landlord. If you don't deliver the rent after they give you notice of their claim, they can file an eviction action against you.
More information is needed. Was the lease a six month lease and the increase takes effect after the six month lease ended? If so, you may have to move because the LL does not have an obligation to keep the rent at a specific rate. They could also choose not to renew the lease. If you have a longer lease, let's say one year, and they have attempted to increase the rent after six months, I don't see how they could do that unless they have a provision in the lease that allows such an increase.
Review the HOA documents and I believe you will find that the HOA/condo dues are based on unit ownership, not based on use or total occupancy within the unit. When you purchased the unit you agreed to the HOA terms. What you describe is not discrimination. If you feel that the HOA/condo baord is taking action contrary to the documents, you should contact an HOA attorney for a consultation. HOA documents vary significantly between different properties so my comments above are broad based...
You need to see an experienced tenant's attorney. You do not have much time. Even with a knowledgeable attorney, the judge may stick to their decision and evict you. You can fax or email a complete set of documents to me for a free review. Fax 1-866-571-3421 or dennis @ chenlaw. net