Asked and Answered
I’m selling my condo and I have not been able to pay my common charges for the past six months (I lost my job). I have a buyer for the apartment, but the Board of Managers will not release the Waiver of the Right of First Refusal, unless I pay the outstanding balance of the common charges. I’m between a rock and a hard place, as I don’t have the money. What should I do?Queue the music for super lawyer. From time to time, condo owners fall behind on common charges and the condominium will file a lien, so that the outstanding common charges are a matter of record. In most cases, the condo will require the outstanding charges to be paid at closing and will deliver the Waiver to the seller’s attorney “in escrow”, pending payment of the charges at closing. It is unusual for a condo to require payment in advance, particularly when the condo is aware of the seller’s financial problems. If there is bad blood between the condo and the condo owner, the Board of Managers could impose a pre-payment requirement to be spiteful, but it doesn’t make very good business sense. As long as the charges are paid at closing, it is in the best interests of the condominium to issue the Waiver in escrow in order to get the account brought up to date at the closing. The seller’s lawyer should be able to apply the balm necessary to soothe the fears of the condo and managing agent and get the parties to the closing table. If that doesn’t satisfy the condo’s concerns (and it should), start working the phone to family and friends…