Kimmel did not get favorable treatment, says condo association

MTCA attorney: Actions against Kimmel were “accelerated”

23-Oct-09 – The orders for possession of Gary Kimmel’s condo units at Marina City, that went into effect in August, happened after Marina Towers Condominium Association moved against the convicted money launderer “in an accelerated fashion,” according to an MTCA attorney.

Kimmel owned three combined units on the 56th floor of the east residential tower at Marina City, but fell behind on assessments and on August 10 formally lost possession of the units to the condo association. MTCA sued Kimmel on May 14 for $5,848 but had sent Kimmel a “30-day demand” letter on February 21, nearly 12 weeks earlier.

Daniel Meyer, of O’Hagan Spencer LLC, says that amount of time between a 30-day demand and filing of a lawsuit is not unusual “and often required.”

“Typically, [MTCA] will not serve a 30-day notice on a unit owner until two months of unpaid assessment and extra charges have accrued,” wrote Meyer in an October 16 letter to Marina City Online. “Mr. Kimmel was given only one month, due to the particular circumstances then existing.”

MTCA, he says, reviews late payments once per month and when Kimmel’s were reviewed on March 17, 30 days had not yet passed. When the next review took place, on April 14, MTCA authorized the lawsuit to be filed. Kimmel was served in prison with the summons on May 19 and MTCA won its lawsuit on June 12.

Kimmel was current on his assessments through January 2009, according to Meyer (left).

Meyer did confirm that the condo units have been rented, effective October 1, after being shown to multiple prospective tenants. “From the lease terms, [MTCA] is collecting current assessments and is drawing down the past due assessments, late charges, and other fees that are reflected on the…orders of possession.”

Kimmel started his 37-month prison sentence on March 2 at the United States Penitentiary in Marion, Illinois. On July 6, he was moved to the penitentiary in Leavenworth, Kansas. His sentence was reduced to 20 months, pending completion of a drug and alcohol program.

 Related story: Court documents show how Kimmel lost Marina Towers units