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Can a condo association put a lein on a property thats foreclosed and isn't paying condo dues?

Madison, WI |
Filed under: Foreclosure

I am VP of a small condo association (7 units). One of the condos foreclosed last year and we have been out condo dues from the unit for almost a year. We have contacted the bank multiple times that owns it and they keep shuffling us around because they don't want to pay the fees. When the property does eventually sell, is the buyer liable for paying back fees? We haven't been able to get a straight answer or any money from the bank owned property. For over 6 months they claimed the property was still in the lady's name that foreclosed even though her attorneys told her which month to stop paying dues. Now, when we call the bank they say the property is in "legal limbo" as to who the owner is. Can we force the bank or eventual new owner to pay back fees somehow? Please help!

Attorney Answers 2


The first thing I would suggest is to file a lien to protect whatever interests the Assoc has. Second - notify every interested party of the lien and get them a copy of same. Finally, get some legal advice from a lawyer in WI.

Legal disclaimer: This is not legal advice and is not intended to create an attorney-client relationship. The post is only an opinion. You should speak to an attorney for further information. The poster is licensed only in Illinois. Please visit for more information about our services. If this post is useful to you, please remember to upvote it.

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You can place a lien on the property for the unpaid fees but you should work with a local attorney to make sure you do not violate any laws.

Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship.

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