Can a homeowners association legally foreclose/evict an owner for failure to pay monthly hoa fees as well as special assessments?
Question Details: We have several homeowners that have neglected to pay their monthly hoa fees. What is the recourse the "community" can take against these unit owe rs? I assume intent to lien & liens. But, if payment is not received is there legal action that can have them foreclosed and evicted?
You have recourse. Simply contest the lien and bill the association (via a licensed practitioner) for triple the amount for legal fees for the contested amount. No one should be bullied in a false pretense such as irresponsibility for losing funds. Also, you have property rights (Federal) to request an audit for your funds' and expenses.
Yes, a HOA can initiate foreclosure proceedings against delinquent homeowners to enforce a valid lien for unpaid HOA fees and/or assessments.
In addition, your HOA documents may provide for other sanctions such as suspension of voting rights or suspension of rights to use of common areas of the community.
When a homeowner is delinquent in his/her financial obligations to the association, the remaining members unfortunately assume an unfair share of the community's financial responsibilities.
