Units in Foreclosure Present Problems for Condominiums
What happens when utilities are turned off in the winter and the area experiences a freeze? Pipes burst of course. What happens when you own a unit in a condo and the unit above you is in foreclosure, the property has been abandoned, the utilities have been turned off and the area experiences a freeze? Pipes burst and the homeowners around and under the unit are forced to contend with flooding. 7 News reported on an elderly couple who were left to deal with the aftermath of such a water intrusion.
What can condominium associations do to try to minimize the risks of this happening?
- Determine whether the association has any contact information for the owners who abandoned the unit and attempt to make contact with them to ensure the unit is winterized.
- Inform the attorney handling the lender's foreclosure when a unit has been abandoned and ask that immediate steps be taken to winterize the unit.
- Review the Declaration to determine if there is a provision which allows the association to enter the unit for inspection or emergency purposes. If so, seek legal guidance to determine whether the association has the authority to take remedial steps.
As reported recently on HOA Legi-Slate, the Governor is planning to have a bill introduced soon to deal with abandoned properties in foreclosure. Whether the legislation will address problems which arise in condos is yet to be determined.