I have a condo going into foreclosure, can theHOA come after me or just place a lien on the property?

Asked on March 12, 2012 under Real Estate Law, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The answer is generally "yes"--it can do both. Usually, the various HOA agreements, documents, etc. give the HOA several different options to collect amounts due to it, including some or all of:

1) Liening the property;

2) Foreclosing on the property;

3) Suing the homeowner for amounts owed.

An HOA can always do 3)--anyone owed money lawfully may sue. It can do 1) and 2) if the HOA documents give it to the power to do so, so you need to review those documents to see what it's rights are. (Note: even if the operative documents don't directly give the HOA power to lien your property, if it sues you and wins and you still don't pay, it can get a lien put on the property through the normal legal enforcement mechanisms available to any winning plaintiff.)

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