Can a HOA put a lien on my property if I don't pay dues?

Question Details:

We have owned our home since 2006 and this year, 2009, we got a letter stating we owe HOA dues. We never signed anything regarding this in our deed or anything. They say that if we don't pay by the end of this month they'll put a lien on our property. Can they do that if we never signed anything?

Asked 11/19/2009 under Real Estate | 854 View(s) | More Legal Topics

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Real Estate Law Answers

The short answer is that the condo association may place a lien on the condo. The right to place the lien on the property is provided for under state statute.  Your obligation to pay condo fees is based on the contract that you signed when you purchased the condo.  As a condo owner, you consent to paying the condo fees each month.  If you fail to do so, the condo association can lien the condo and sue you to obtain the fees in court.  If a judgment enters the condo assoc. may foreclose on the unit and there will be a foreclosure sale.  you need to contact the HOA and work out some settlement payment over time to catch up.

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