Legal Question in Real Estate Law in New Jersey
We are part of a condo association. Our name is on the water bill cause we own 50% of the property. One owner is threatening putting his property up for short sale and assuming he stops paying the water bill, will we be responsible for his share of water bill or will it be split with the entire association. Thank you.
1 Answer from Attorneys
I'm confused about your situation. Is the condo association only 2 units/members? Are utilities separately metered and billed for each unit or for the entire condo? If utilities are billed for all of the condo property to the association, every member will have to share in those costs, but that would be the usual provision - there are certain costs that all owners share, and each owner pays its proportional share. The shared costs would be for utilities and other expenses that serve the entire association property, for instance, maintenance of the roof and common areas and any systems that serve the entire property, snow removal, lawn care [if those are provided for all owners], condo association insurance, and so on. Those expenses are part of what makes up your condo fee.
You may also want to look at your condo documents, and if there is a management company, ask it.
An owner cannot "threaten" to do a short sale. Short sales require consent of the mortgage lender to that owner. If the owner is in default on his mortgage, the mortgage lender could institute foreclosure against the owner and the unit he owns. Whoever ends up owning the foreclosed property will then be responsible for its proportional share of all condo costs.
THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.
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