Page 8 - New England Condominium September 2019

8 NEW ENGLAND CONDOMINIUM -SEPTEMBER 2019 NEWENGLANDCONDO.COM CONT... default, an association can seek an execu- tion for possession, which gives the asso- ciation the right to take back possession of the unit, though it does not wipe out the owner’s equity position. Though Thulin has seen such actions brought before the court, he hasn’t brought one himself. Removing an Owner’s Tenant While it’s certainly possible, removing a tenant from an investor unit is not particu- larly easy either. Schechter explains: “Con- dominium boards lack legal standing to remove unit owners’ tenants, regardless of how offensive their behavior may be. Even if the tenant were to be in constant viola- tion of a provision of the condominium’s bylaws or rules and regulations, the condo- minium is still unable to remove the tenant because the condominium is not in privity with the tenant. (Privity is a relationship between two parties that is recognized by law – typically blood, lease, or service. - Ed ) The condominium unit owner, however, is in privity with its tenant and can take ac- tion to evict the tenant.” That said, Thulin points out that unit owners are “locked into the rules and reg- ulations set forth in governing documents when they buy a unit, because presumably lution (ADR) – usually in the form of pro- they’ve read and agreed to them; they can’t fessional mediation or arbitration. New lieu of proceeding to a foreclosure, direct- say they didn’t know. A reasonable expec- tation is that they and/or their tenants will condominiums be offered ADR before go- comply with those rules and regulations.” ing to court. “The association can seek in- Despite that, “there is very little that can be junctive relief,” Piekarsky says. “I’ve never not to engage in offensive behavior, and to done by an association to remove a tenant seen anyone forced out through injunctive comply with her health care providers’ in- from a unit leased out by its owner. If the ten- ant violates the rules and regulations, the unit owner has an ob- ligation to begin pro- ceedings” to remove the tenant. In New Jersey, ex- plains Piekarsky, “the best leverage under most governing docu- ments is when an as- sociation stands in the shoes of the owner. The owner has a renter; the renter is a problem, but the owner doesn’t take action. Many times, an association’s governing documents say the association may step into the owner’s shoes and take the necessary action. That’s the best lever- age over a renter.” New Jersey law also adds another layer to the resolution process in condominium disputes through alternative dispute reso- Jersey state law requires that all owners in ed a settlement – specifically an agreement relief, though. If structions regarding medication. If the be- they are a danger havior renewed, the association could then to themselves, oth- ers or the prop- erty, you can get a civil commitment, rights of the owner are squarely in the path which would get of an association trying to remove an of- the resident out.” A Real-Life Example Thulin relates a case that went before Boston Mu- nicipal Court: An owner in a subur- ban Boston condo association became the neighbor from hell. She was prescribed medication for a psychological condition, but decided to stop taking it and underwent what neigh- bors described as a profound personality change. She harassed both the association staff and her neighbors to the point where other owners feared for their safety. She was also delinquent in her common area charges.The court was sympathetic, and in for judgment, which is sort of like a stay of the foreclosure action. The owner agreed proceed to foreclosure. To date, there have been no further issues. Not all situations end so neatly. The fending resident, whether a unit is leased out or owner-occupied. Attorneys inter- viewed by New England Condominium are in general agreement that if there’s no monetary default, the path to removal of a problem owner is pretty much blocked. The optimal situation for an association is when the unit owner is in default on monthly common charges. The association then has the right to request a receiver to step in and collect rent from the tenant, which can then be turned directly over to the association for both current charges and to make up arrears. A similar tactic for a non-paying owner is described by Schechter: “While a unit owner in a condominium cannot be re- moved for nonpayment of common charg- We are pleased to announce that we have joined our two companies, Automatic Coin Laundry Systems and American Equipment Sales Corporation. Leasing, rentals, and sales, as well as our service and parts de- partments, now function under one company. This greatly streamlines our internal operations, allowing us to better serve you. We are New England’s longest operating independent laundry services provider. As always, our goal is to install and operate high quality community laundry rooms. Our equipment provides the best combination of energy efficiency, reliability, and pay systems technology. Our service response is fast and effective. We thank you and value the opportunity to be your laundry services provider. 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