Scott Piekarsky Quoted in the Cooperator News on How to Remove a Co-Op Shareholder or Condo Owner From Their Association or Building06/06/2022 | Cooperator News
Partner Scott Piekarsky was quoted in the Cooperator News in an article, “Removals, Ejections & Evictions in Condos & Co-ops.” Scott was asked for this thoughts on how to remove a co-op shareholder or condo owner out of their association or building.
Scott noted, “You can eject a shareholder from a co-op—but you can’t evict a condo owner from his or her unit.” That said, removal can occur for monetary or non-monetary reasons. In the case of monetary default, which is the more common reason, “an association can put a lien on the unit for outstanding common charges, and then foreclose on that lien.”
He went on to say, “The lien has a priority over the first mortgage and tax liens. The association can pursue a foreclosure, and then a sheriff’s sale subject to the lien. In the end, if the foreclosure and sale are successful, the association gets the unit and the owner is out.” So, the process is not an eviction per se—but a means of removing a non-paying association member and recouping the monies owed.”
Read the full article.