QUESTION: In some
transactions, a "Condominium Rider" is recorded along with the grant deed. One
paragraph of the rider states "If borrower does not pay condominium dues and
assessments when due, then lender may pay them." Can HOAs force lenders to pay
the delinquent amounts?
ANSWER: The rider states that
lenders “may,” which is permissive not mandatory. As a result, lenders can
choose to pay an owner’s delinquent assessments if they feel generous but their
generosity cannot be forced.
ASSISTANCE: Associations needing legal assistance can
contact us.
To stay current with issues affecting community associations, subscribe to the
Davis-Stirling Newsletter.