David J. Byrne in Board Operations on October 30, 2012
We filed foreclosures with respect to the condo liens, and sought and secured rent receiverships, which resulted in tenant-occupied units. The rent was then used to pay the units' ongoing common charges and pay down the arrearage.
Legal Lesson
Boards should learn that in this economy, this real estate market and this ever-changing world that standard, thoughtless, assembly-line common-charge management and recovery efforts will not suffice.
When dealing with unpaid common charges, boards must think outside the box and be open to utilizing all of the legal means available to them — regardless of how unorthodox.
David J. Byrne is a partner at Herrick, Feinstein
Photo by Carol Ott
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