Can my HOA actually foreclose on my property if I am behind on dues?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my HOA actually foreclose on my property if I am behind on dues?
I offered extra payment but the attorney said it was not enough. I know they can apply a lien.
Asked on May 7, 2012 under Real Estate Law, Florida
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Unless the recorded covenants, conditions & restrictions with respect to your HOA state that it can foreclose upon a unit within the association due to unpaid dues, the association cannot foreclose on the property.
Typically the HOA has the right to lien the homeowner's property per recorded documents for unpaid dues and assessments but cannot have a sale on the parcel until there is a judgment against the property owner for the unpaid dues and other assessments.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.