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Lawyers...Condo Association? Advice?
I'm sure some of you have read about our issues with out landlord and condo in the past.
Well here's another pickle for you: This morning, my DH and I got a letter from an attorneys office that said our landlord was behind in her association dues. The letter stated, that our landlord owes $2650 in deliquent assocation dues and late fees.
Now the association is demanding that we withhold all rent to our landlord and pay the association. According to the association by-laws, it says if a co-owner is leasing or renting a unit and is delinquent in payment of dues, the association may give the tenants (us) written notice of the delinquency. After receiving such notice, we shall deduct from the rental payments to the co-owner and pay them to the association. (this is in the association by-laws)
We texted the girl who lives next door, who handles the unit for her aging aunt. (Our landlord.) She claims that our landlord is up to date with all the dues.
The association has never given us any proof that she is behind, nor has anyone ever given us a copy of the condo by-laws. We are within our rights to withhold rent right now because things haven't gotten fixed. The light outside (which the association controls), have been out for months and it gets very dark back there. Not to mention I've slipped on the ice several times because no one puts down any salt.
We are up to date on our rent until the 1st of next month. So we don't owe anything until then.
We really don't appreciate being dragged into the association and our landlords legal battles. We emailed a family member who is a lawyer this morning, but are waiting to hear back. I don't know how much help he will be because he does contract law out of state. (Washington DC)
My question is why are we responsible to pay another persons debt? How would you handle this? Any advice is welcome. TIA.
ETA: We are in the state of Michigan.
Re: Lawyers...Condo Association? Advice?
Why haven't you moved yet? When you first mentioned all the horrible problems you were having in this place you said you were on a month-to-month lease. I know moving is a pain, and can be expensive, but it is better than putting up with all this nonsense.
I wouldn't pay my rent to anyone except my landlord, and let your landlord fight it out with the association. But honestly, you really need to move.
Because my husband is on the road for work quite extensively for the next four months. I've been keeping my eyes open, but rentals around our area a few and far between and very expensive. We are house hunting to buy right now, but we haven't found anything worth buying.
ETA: Most landlords in our area won't take pets. We have a dog.
First of all ... I am not an attorney and not qualified to give legal advice, but I think you did the right thing in contacting an attorney.
I am a landlord of a condo unit that's governed by an HOA. It doesn't seem right to me that you should be involved in a financial dispute between the owner and the HOA. Right now, you've done nothing wrong, you're current on rent payments. If you start paying your rent to the HOA to cover the landlord's delinquent dues, then the HOA gets money. However, can your landlord then evict you for nonpayment of rent since the landlord isn't actually getting your rent money?
I don't know, it just seems sketchy. I would seek legal advice for sure.
Also, if you're really on a month-to-month lease, I would highly recommend finding a new place to live. I would not put up with this situation.
Mr. Sammy Dog
You are not "responsible" for their debt, but in MN associations can garnish rent payments in the same way that they can garnish bank accounts or wages when an owner is delinquent. If it is in the by-laws, then by purchasing the property the owner has agreed to let the association do this.
You're doing the right thing to confirm this with a lawyer though.
I'm in CA and while I'm a Realtor here, I don't know anything about the laws in Michigan. So above all, rely on trusted, local advice.
That being said, I would think that unless your lease specifically says you can withhold rent to cover unpaid HOA fees. I would think that if you withhold rent, the landlord would be within their rights to begin eviction proceedings.
I would suggest that you pay rent for Feb. Request proof from the HOA re: the unpaid fees. Provide them to the landlord (unless the neighbor is 'officially' the manager, I wouldn't rely on her). Inform the landlord of the notice from the HOA re: withholding rent.
All that being said, your local housing authority or tenants rights organization would also be able to provide some valuable guidance in this regard. Whatever you do, seek legal counsel before withholding rent and risking eviction. This can all be resolved in time.
Hope that helps & good luck!
Lighthouse State Beach, Santa Cruz.