Foreclosure Process Question

kjbathe · 07-04-2010, 07:59 AM

Question on foreclosure or bankruptcy...

A condo "owner" has not paid their monthly dues or assessments in two years, has not paid their taxes since the start of 2008 on their condo or boat slip at a local marina in the next town. Court-approved liens have been applied against both properties for all back taxes and dues, but the "owners" still show up every weekend and appear to live without a care in the world.

Apparently an auction was held, but no potential buyers showed up, so the owner continues to use the property.

Does anyone know how long the foreclosure or bankruptcy process can take or when the bank steps in and takes the property over? Or is there a program I need to be aware of where I can stop paying for all of these things, but still continue to enjoy them?

robmac · 07-04-2010, 09:12 AM

As far as foreclosure it all depends on how aggresively the banks realestate division is and what's owed. There is a glut of property so I see banks not taking them quickly. The other problem is they will have to end up short selling them at a loss which also hurts them. Now I have recently watched a condo association in Nashua get very aggresive and holding auctions for nonpayment of fees ( ie. sheriff sale ) which in turn forces the banks hand. The association gets paid then the bank is the one on the hook for the monthly payments. Not a good situation for anyone but certainly fixable.

RI Swamp Yankee · 07-04-2010, 10:05 AM

The bank will only step in and forclose if the mortgage is overdue. Taxes and condo assessments are a different matter and don't result in forclosure.

Bear Islander · 07-04-2010, 10:08 AM

Sometimes A bank will foreclose but not evict the residents until they have a buyer. Properties, especially homes, sitting empty don't make any money and can be a big liability for the bank.

MarkinNH · 07-04-2010, 11:11 AM

Quote:

Originally Posted by kjbathe

Or is there a program I need to be aware of where I can stop paying for all of these things, but still continue to enjoy them?

Why would you even consider doing such a dispicable thing ?
You would be no better then the person you just spoke of Or are you that person already ?

Lakesrider · 07-04-2010, 12:39 PM

Ummm yeah. I am pretty sure he was jesting. I think his anger goes to show he is not "one of those".

I have felt the same way too. I know several people that play the system. On unemployment and never even look for a job. Get food stamps, welfare the whole deal and plenty able to work.
If the mortgage isn't paid, it goes into foreclosure. If the people are still living there and the bank allows this, which I am pretty sure they don't, then the bank is very highly liable for anything that happens there. If someone falls, gets hurt, dies on that property the bank is going to get sued. So I doubt they allow anyone knowingly to be on the property, let alone live there. You should drop the dime on them. If enough time goes by they could get squatters rights....

I am amazed the condo association has not shut off their water and electrical though.

A quick side note...We had a foreclosure auction in Suissevale a while back. Only two people showed up for the auction. They got the property for under $85,000. A bargain. The problem being is that none of the abutters were informed about the auction as is stated in the Suissevale HOA rules. So I was not there . I would have loved to have gotten that property. Now I watch the real estate ads very carefully in Suissevale.

Argie's Wife · 07-04-2010, 02:08 PM

Quote:

Originally Posted by MarkinNH

Why would you even consider doing such a dispicable thing ?
You would be no better then the person you just spoke of Or are you that person already ?

Mark - you missed the little emoticon with the wink - this guy --->

(it was in kjbathe's initial post.)

It's an indication someone isn't being serious. Maybe you should give it a try.

(This guy means I'm pulling your leg big time --->

)

no-engine · 07-04-2010, 07:50 PM

Unpaid condo association fees & assessments, and the collection process is clearly stated in it's by-laws, which must be a part of the deeds. The association's process is limited to the recorded by-laws. Each condo is different.
Town auctions for unpaid taxes is governed by state law. For unpaid mortgage to a lending institution is also governed by law.

Please do not consider my statements, or posts on any forum, as from a lawyer, and please do contact the legal professional of your choice for your options.

wifi · 07-04-2010, 11:30 PM

Quote:

Originally Posted by Lakesrider

......A quick side note...We had a foreclosure auction in Suissevale a while back. Only two people showed up for the auction. They got the property for under $85,000. A bargain. The problem being is that none of the abutters were informed about the auction as is stated in the Suissevale HOA rules. So I was not there . I would have loved to have gotten that property. Now I watch the real estate ads very carefully in Suissevale.

Suissevale Association has a first right of refusal on ALL properties, so the association will prevent anyone from getting a good deal. What happened here?

Lakesrider · 07-05-2010, 08:36 AM

I asked that same question and no one could answer me.
I also wanted to know why no sign had been put up at the entrance if it was a public auction. Smelled fishy to me from the start.
I even called Laconia Savings Bank who the foreclosure was done by. I made such a stink the bank Manager even called me back. I was told by him that a private sale would have had to go through the Association but not a foreclosure. I asked if the deed had been transferred or not. They answered yes. I said well I would consider that a sale. Thanked me for my concern...."Good Bye".

Friend of a friend bought it maybe?

wifi · 07-05-2010, 09:58 AM

Interesting loophole, but I wouldn't want to pay the cap gains tax when the new owner sells it

Ropetow · 07-05-2010, 10:37 AM

Quote:

Originally Posted by MarkinNH

Why would you even consider doing such a dispicable thing ?
You would be no better then the person you just spoke of Or are you that person already ?

Did you not notice the smiley face?

kjbathe · 07-05-2010, 06:48 PM

Yes, my last comment was in jest. There are still folks in the world like us that go to work every day, pay our debts, help our neighbors, live by the golden rule, etc... But we also wonder, too, when we see folks like our neighbors, if we have totally missed the boat and are going about this all the wrong way. After all, my values were shaped by a post-WW2 philosophy. It's 2010.

In the age of "Too big to fail...", "Continuing unemployment payments is the best way to create new jobs..." and "Deficit spending will lead the way to renewed prosperity..." perhaps our neighbors are just way ahead of losers like me living with out-dated values shaped in what must seem like the dark ages.

As long people like us keep working and paying our bills, there's money to bail out the folks that continue not to. I was just curious how long it might take to fully evaluate if the scofflaws down the street are truly on to something.

(Again, in jest). Thanks for all the good feedback.

RI Swamp Yankee · 07-05-2010, 10:23 PM

... and there are those of us that wish we still had a job but continue to pay our bills.

dpg · 07-06-2010, 06:09 AM

Quote:

Originally Posted by RI Swamp Yankee

... and there are those of us that wish we still had a job but continue to pay our bills.

Consider yourself (??) luck enough to be able too. Not everyone out there takes the system for a ride.

no-engine · 07-06-2010, 07:19 AM

Bank mortgage holds first priority - that simple. They are after maintaining their position. I think that in a bank foreclosure, the winning bidder, must clear up all other liens (association if it recorded, taxes etc. to town) in order to have a clear title. Bank will likely not write a mortgage for that winning bidder without all other liens released - paid by the high bidder.

HOWEVER, you should ask your own legal adviser to contact LSB's legal department, who will be better informed than a branch/office manager.

AN INTERNET FORUM IS NOT THE PLACE FOR LEGAL ADVICE.

meredith weekender · 07-06-2010, 07:38 AM

I am on the board of directors of an association in Manchester. We had similiar problems until we got very aggressive. When a unit owner gets behind we go ahead and revoke all of the common area privileges, I.E. parking, common water usage, pool usage etc.. This legally enables us to keep those services restricted even if the unit sells. The owner may park on the street and enter the building to get to their unit but they may not park on the property at all. We have gone into units and had the water service shut and pipes capped because the water is paid for from condo fees. These types of restrictions are severe but when a unit owner refuses to work with the board to resolve the issues the board must protect the interest of the other owners. Sheriff's sales do work, but then you have to deal with the property afterwards. Not always a pleasant task when taxes, mortgages and sometimes IRS liens exist.

MAXUM · 07-07-2010, 09:00 AM

Quote:

Originally Posted by meredith weekender

I am on the board of directors of an association in Manchester. We had similiar problems until we got very aggressive. When a unit owner gets behind we go ahead and revoke all of the common area privileges, I.E. parking, common water usage, pool usage etc.. This legally enables us to keep those services restricted even if the unit sells. The owner may park on the street and enter the building to get to their unit but they may not park on the property at all. We have gone into units and had the water service shut and pipes capped because the water is paid for from condo fees. These types of restrictions are severe but when a unit owner refuses to work with the board to resolve the issues the board must protect the interest of the other owners. Sheriff's sales do work, but then you have to deal with the property afterwards. Not always a pleasant task when taxes, mortgages and sometimes IRS liens exist.

You've got to be kidding me? I knew some of these condo and townhouse associations are pretty bad but what you just described is over the top IMHO. I guess that's why I would never buy into a situation like that, I'll be damned to have some association have that kind of power over me. That's nuts. When I moved back here I had to rent a place for a few months while my house was under construction and made the mistake of going into a townhouse where the association was totally and completely out of control. I got nasty notes for oh lets see, not having a black cover on my gas grill (mine was heaven forbid grey) and it not being on the designated concrete slab 24X7, "ugly" and "non conforming" chairs on the deck, my garbage cans were "ugly", washing my truck in my designated parking spot, I once changed my oil there and that was so far over the top you'd think I committed a homicide, I parked once to close to the divider line on the pavement, parked with my tires half on the grass, my wife planted a couple of flowers in a pot and left them on the front step, I mean really the list could go on and on. How anyone can live like that is beyond me. The Nazis that run around and complain about this **** really need to get a life. Maybe deep down inside they are miserable people, or they just wish they had a real job. Who knows. Anyways I digress.... but I will say I was happy as hell to get out of there and purposely broke every one of their stupid rules the last couple of weeks just out of spite.

The foreclosure thing is really frustrating. My former neighbor milked the system big time. He was confined to a wheelchair which is sad but he used that to his advantage to stay in his house for close to 5 years before finally the bank won out. All that time he remained in the house and it never seemed to bother him that he was living completely on the dole and had no job even though he did go through college on the tax payers dime. He did find enough money to buy himself a nice car though and was never short of cigarettes and beer. Thank goodness he's now gone.

I have heard from more than one person that banks are not so quick to kick people out of houses under foreclosure simply because having them sit unoccupied is a liability to them. You can bet that the banks are going to do what's in their best interest so if and when they think they can move a piece of property they will, in the mean time they may just let the current owner squat on the property. Maybe the market is soft right now for the place being referred to.

neckdweller · 07-07-2010, 11:06 AM

Maxum - You seem to hate all those annoying condo bylaws that state how you maintain your property/etc. (I wouldn't want to deal with them either - I can't imagine owning a condo in my lifetime) . Meredith Weekender was just talking about how they go about either collecting past due bills which I'm all for. I am a huge opponent of people milking the system and the only bailouts that should be happening is if your boat springs a leak.

Weekender - I'm assuming that this isn't a "your 5 days late, we're shutting off your water" situation. If there are unusual circumstances is there some way that people can set up payment plans or talk with the assoc. to make things work?

Newbiesaukee · 07-07-2010, 11:26 AM

If you CHOOSE to live in a condo you give up some "freedom" to gain certain advantages which fit your lifestyle. If I CHOSE to live in a condo, then I would both want and expect the condo to enforce the bylaws which were known to me before I bought.

I do not see any reason to direct vitriol at the condo concept. It is, to belabor the obvious, a CHOICE.

Condo boards can be replaced if they do not live up to their responsibilities.

Condos are not perfect, they are an option.

MAXUM · 07-07-2010, 11:57 AM

Quote:

Originally Posted by Newbiesaukee

If you CHOOSE to live in a condo you give up some "freedom" to gain certain advantages which fit your lifestyle. If I CHOSE to live in a condo, then I would both want and expect the condo to enforce the bylaws which were known to me before I bought.

I do not see any reason to direct vitriol at the condo concept. It is, to belabor the obvious, a CHOICE.

Condo boards can be replaced if they do not live up to their responsibilities.

Condos are not perfect, they are an option.

I think like everything else the concept is great but it seems like more so than not the implementation leaves much to be desired. I can understand those who like the idea, especially for secondary residences, having the benefit of upkeep wrapped into the package as many folks don't want to deal with the headaches. Pooling resources together to provide that makes sense. Having reasonable requirements that help maintain the overall aesthetic appearance of the community seems once again prudent. However you'll notice my choice of language, as in reasonable. When the wrong people get involved with the bylaws that's when things can go downhill quickly. Last thing I'd want to do is go on vacation to a place that I own and have some association "police" up my you know what over something silly.

You are correct though it's a choice, one that I'd be less apt to take since everywhere I've had to live where there was "rules" like this seemed to be way to restrictive and get way out of hand. To bad, I like the idea and have toyed with buying a condo for vacation purposes, but every time I see an encyclopedia of bylaws it's a total and complete turn off. I suppose I understand why, if there is no rule that says you can't people now a days read that as an invitation to do whatever they see fit regardless of it's impact on others.

Actually I have a question in regards to something a little different though. I've several times looked into purchasing a piece of property on islands in particular Rattlesnake Is which does have an association. I know there are several folks on here that own property there, what's the purpose of the association and what exactly is the purpose? I do realize the association owns a piece of property with a parking area and launch on the mainland which is a huge plus. Are there any restrictions that come with it and is each property subject to membership by deed? Just curious.

no-engine · 07-07-2010, 08:33 PM

The condo association is in fact a miniature "town government". We own real estate, a single family dwelling in a town; we have to follow the town's regulations, such as pay the real estate taxes, water & sewer bills. If we do not, they can lien and eventually foreclose.
Same as a small condo association. NOW, when buying a condo unit, one's title search person and attorney SHOULD do all the research and advise you of the governing rules of both town and condo association.
And YES, it takes all kinds; I have heard association officers attempt to make their own rules like bathing suites hung over railings, the grill covers, etc.
Maybe some of those rules are written and some are not and are unenforceable.

It takes all kinds, on that board of directors!

Property owned by the association would fall under the same regulations. They must be a part of your deed. Usually the deed says something like: own in fee simple the apartment or the building cottage (on the island) and the land it sits on, you own in common with others the land around a condo building, and in this case the land on mainland. Often the deed may say how many units and the property in common with others can not be divided, the reason for the phrase in common with others. The legal professional can explain.

AS I WROTE IN PREVIOUS POST, A FORUM SUCH AS THIS IS NOT THE PLACE FOR LEGAL ADVICE.

meredith weekender · 07-08-2010, 08:07 AM

Quote:

Originally Posted by neckdweller

Maxum - You seem to hate all those annoying condo bylaws that state how you maintain your property/etc. (I wouldn't want to deal with them either - I can't imagine owning a condo in my lifetime) . Meredith Weekender was just talking about how they go about either collecting past due bills which I'm all for. I am a huge opponent of people milking the system and the only bailouts that should be happening is if your boat springs a leak.

Weekender - I'm assuming that this isn't a "your 5 days late, we're shutting off your water" situation. If there are unusual circumstances is there some way that people can set up payment plans or talk with the assoc. to make things work?

The tactics used by the Board is to protect the interest of the other owners. The owners are given several chances to bring their accounts current or get onto some type of a payment plan. Typically when we hit the 90 day mark they get a demand letter from the attorney. At 120 days if a repayment plan is not in place they get a notice stating that in 60 days they will lose all common area privileges. If a tenant is in the unit then we will just attach the rent and have the tenant pay us and all services remain intact.

The purpose of this is to protect the interest of all of the owners involved in the association. When you have garden styled units that include heat and hot water with the condo fee then you know that the association has some big obligations every month. If the fees are not coming in then a special assessment has to be made against the owners to make up the deficit needed. Guess what, the owner that did not pay his monthly fees is not going to pay the assessment either, so now the assess ment has to be higher.

When you buy into an association whether for your home or an investment, your buying into the condominium program of abiding by the rules and regulations of the association. If you don't like the rules, then don't buy.

07-04-2010, 07:59 AM	#1
kjbathe Senior Member Join Date: Jul 2006 Posts: 281 Thanks: 3 Thanked 21 Times in 11 Posts	Foreclosure Process Question Question on foreclosure or bankruptcy... A condo "owner" has not paid their monthly dues or assessments in two years, has not paid their taxes since the start of 2008 on their condo or boat slip at a local marina in the next town. Court-approved liens have been applied against both properties for all back taxes and dues, but the "owners" still show up every weekend and appear to live without a care in the world. Apparently an auction was held, but no potential buyers showed up, so the owner continues to use the property. Does anyone know how long the foreclosure or bankruptcy process can take or when the bank steps in and takes the property over? Or is there a program I need to be aware of where I can stop paying for all of these things, but still continue to enjoy them?

07-04-2010, 10:05 AM	#3
RI Swamp Yankee Senior Member Join Date: Jul 2002 Location: North Kingstown RI Posts: 688 Thanks: 143 Thanked 83 Times in 55 Posts	The bank will only step in and forclose if the mortgage is overdue. Taxes and condo assessments are a different matter and don't result in forclosure. __________________ Gene ~ aka "another RI Swamp Yankee"

07-05-2010, 10:23 PM	#14
RI Swamp Yankee Senior Member Join Date: Jul 2002 Location: North Kingstown RI Posts: 688 Thanks: 143 Thanked 83 Times in 55 Posts	... and there are those of us that wish we still had a job but continue to pay our bills. __________________ Gene ~ aka "another RI Swamp Yankee"

07-04-2010, 09:12 AM	#2
robmac Senior Member Join Date: Jan 2005 Location: Nashua,Meredith Posts: 951 Thanks: 213 Thanked 106 Times in 81 Posts	As far as foreclosure it all depends on how aggresively the banks realestate division is and what's owed. There is a glut of property so I see banks not taking them quickly. The other problem is they will have to end up short selling them at a loss which also hurts them. Now I have recently watched a condo association in Nashua get very aggresive and holding auctions for nonpayment of fees ( ie. sheriff sale ) which in turn forces the banks hand. The association gets paid then the bank is the one on the hook for the monthly payments. Not a good situation for anyone but certainly fixable.

07-04-2010, 10:08 AM	#4
Bear Islander Senior Member Join Date: Apr 2004 Location: Bear Island Posts: 1,757 Thanks: 31 Thanked 429 Times in 203 Posts	Sometimes A bank will foreclose but not evict the residents until they have a buyer. Properties, especially homes, sitting empty don't make any money and can be a big liability for the bank.

07-04-2010, 12:39 PM	#6
Lakesrider Senior Member Join Date: Jun 2007 Posts: 2,129 Thanks: 380 Thanked 1,016 Times in 345 Posts	Ummm yeah. I am pretty sure he was jesting. I think his anger goes to show he is not "one of those". I have felt the same way too. I know several people that play the system. On unemployment and never even look for a job. Get food stamps, welfare the whole deal and plenty able to work. If the mortgage isn't paid, it goes into foreclosure. If the people are still living there and the bank allows this, which I am pretty sure they don't, then the bank is very highly liable for anything that happens there. If someone falls, gets hurt, dies on that property the bank is going to get sued. So I doubt they allow anyone knowingly to be on the property, let alone live there. You should drop the dime on them. If enough time goes by they could get squatters rights.... I am amazed the condo association has not shut off their water and electrical though. A quick side note...We had a foreclosure auction in Suissevale a while back. Only two people showed up for the auction. They got the property for under $85,000. A bargain. The problem being is that none of the abutters were informed about the auction as is stated in the Suissevale HOA rules. So I was not there . I would have loved to have gotten that property. Now I watch the real estate ads very carefully in Suissevale.

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07-04-2010, 07:50 PM	#8
no-engine Senior Member Join Date: Jul 2008 Location: West side Winnipesaukee, Lakes Region Posts: 516 Thanks: 20 Thanked 52 Times in 40 Posts	Unpaid condo association fees & assessments, and the collection process is clearly stated in it's by-laws, which must be a part of the deeds. The association's process is limited to the recorded by-laws. Each condo is different. Town auctions for unpaid taxes is governed by state law. For unpaid mortgage to a lending institution is also governed by law. Please do not consider my statements, or posts on any forum, as from a lawyer, and please do contact the legal professional of your choice for your options.

07-05-2010, 08:36 AM	#10
Lakesrider Senior Member Join Date: Jun 2007 Posts: 2,129 Thanks: 380 Thanked 1,016 Times in 345 Posts	I asked that same question and no one could answer me. I also wanted to know why no sign had been put up at the entrance if it was a public auction. Smelled fishy to me from the start. I even called Laconia Savings Bank who the foreclosure was done by. I made such a stink the bank Manager even called me back. I was told by him that a private sale would have had to go through the Association but not a foreclosure. I asked if the deed had been transferred or not. They answered yes. I said well I would consider that a sale. Thanked me for my concern...."Good Bye". Friend of a friend bought it maybe?

07-05-2010, 09:58 AM	#11
wifi Senior Member Join Date: Jul 2007 Location: Lakes Region Posts: 1,321 Thanks: 282 Thanked 287 Times in 169 Posts	Interesting loophole, but I wouldn't want to pay the cap gains tax when the new owner sells it

07-05-2010, 06:48 PM	#13
kjbathe Senior Member Join Date: Jul 2006 Posts: 281 Thanks: 3 Thanked 21 Times in 11 Posts	Yes, my last comment was in jest. There are still folks in the world like us that go to work every day, pay our debts, help our neighbors, live by the golden rule, etc... But we also wonder, too, when we see folks like our neighbors, if we have totally missed the boat and are going about this all the wrong way. After all, my values were shaped by a post-WW2 philosophy. It's 2010. In the age of "Too big to fail...", "Continuing unemployment payments is the best way to create new jobs..." and "Deficit spending will lead the way to renewed prosperity..." perhaps our neighbors are just way ahead of losers like me living with out-dated values shaped in what must seem like the dark ages. As long people like us keep working and paying our bills, there's money to bail out the folks that continue not to. I was just curious how long it might take to fully evaluate if the scofflaws down the street are truly on to something. (Again, in jest). Thanks for all the good feedback.

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07-06-2010, 07:19 AM	#16
no-engine Senior Member Join Date: Jul 2008 Location: West side Winnipesaukee, Lakes Region Posts: 516 Thanks: 20 Thanked 52 Times in 40 Posts	Bank mortgage holds first priority - that simple. They are after maintaining their position. I think that in a bank foreclosure, the winning bidder, must clear up all other liens (association if it recorded, taxes etc. to town) in order to have a clear title. Bank will likely not write a mortgage for that winning bidder without all other liens released - paid by the high bidder. HOWEVER, you should ask your own legal adviser to contact LSB's legal department, who will be better informed than a branch/office manager. AN INTERNET FORUM IS NOT THE PLACE FOR LEGAL ADVICE.

07-06-2010, 07:38 AM	#17
meredith weekender Senior Member Join Date: Mar 2009 Location: Meredith / Manchester Posts: 373 Thanks: 87 Thanked 83 Times in 56 Posts	I am on the board of directors of an association in Manchester. We had similiar problems until we got very aggressive. When a unit owner gets behind we go ahead and revoke all of the common area privileges, I.E. parking, common water usage, pool usage etc.. This legally enables us to keep those services restricted even if the unit sells. The owner may park on the street and enter the building to get to their unit but they may not park on the property at all. We have gone into units and had the water service shut and pipes capped because the water is paid for from condo fees. These types of restrictions are severe but when a unit owner refuses to work with the board to resolve the issues the board must protect the interest of the other owners. Sheriff's sales do work, but then you have to deal with the property afterwards. Not always a pleasant task when taxes, mortgages and sometimes IRS liens exist.

07-07-2010, 11:06 AM	#19
neckdweller Senior Member Join Date: Apr 2008 Location: Moultonborough & Southern NH Posts: 133 Thanks: 6 Thanked 37 Times in 18 Posts	Maxum - You seem to hate all those annoying condo bylaws that state how you maintain your property/etc. (I wouldn't want to deal with them either - I can't imagine owning a condo in my lifetime) . Meredith Weekender was just talking about how they go about either collecting past due bills which I'm all for. I am a huge opponent of people milking the system and the only bailouts that should be happening is if your boat springs a leak. Weekender - I'm assuming that this isn't a "your 5 days late, we're shutting off your water" situation. If there are unusual circumstances is there some way that people can set up payment plans or talk with the assoc. to make things work?

07-07-2010, 11:26 AM	#20
Newbiesaukee Senior Member Join Date: May 2004 Location: Coral Gables, winter; Long Island, summer Posts: 1,349 Thanks: 922 Thanked 569 Times in 295 Posts	If you CHOOSE to live in a condo you give up some "freedom" to gain certain advantages which fit your lifestyle. If I CHOSE to live in a condo, then I would both want and expect the condo to enforce the bylaws which were known to me before I bought. I do not see any reason to direct vitriol at the condo concept. It is, to belabor the obvious, a CHOICE. Condo boards can be replaced if they do not live up to their responsibilities. Condos are not perfect, they are an option.

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07-07-2010, 08:33 PM	#22
no-engine Senior Member Join Date: Jul 2008 Location: West side Winnipesaukee, Lakes Region Posts: 516 Thanks: 20 Thanked 52 Times in 40 Posts	The condo association is in fact a miniature "town government". We own real estate, a single family dwelling in a town; we have to follow the town's regulations, such as pay the real estate taxes, water & sewer bills. If we do not, they can lien and eventually foreclose. Same as a small condo association. NOW, when buying a condo unit, one's title search person and attorney SHOULD do all the research and advise you of the governing rules of both town and condo association. And YES, it takes all kinds; I have heard association officers attempt to make their own rules like bathing suites hung over railings, the grill covers, etc. Maybe some of those rules are written and some are not and are unenforceable. It takes all kinds, on that board of directors! Property owned by the association would fall under the same regulations. They must be a part of your deed. Usually the deed says something like: own in fee simple the apartment or the building cottage (on the island) and the land it sits on, you own in common with others the land around a condo building, and in this case the land on mainland. Often the deed may say how many units and the property in common with others can not be divided, the reason for the phrase in common with others. The legal professional can explain. AS I WROTE IN PREVIOUS POST, A FORUM SUCH AS THIS IS NOT THE PLACE FOR LEGAL ADVICE.