Can an HOA sue for unpaid dues after the property has been foreclosed?

UPDATED: Mar 2, 2011

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Can an HOA sue for unpaid dues after the property has been foreclosed?

I had a lien placed on my condo by the HOA and now the property has been foreclosed by the bank. Can the HOA sue me for unpaid dues or does that get resolved in the foreclosure?

Asked on March 2, 2011 under Bankruptcy Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Unfortunately, the HOA absolutely can sue you. The bank foreclosed on you (presumably) because you defaulted on your mortgage oblilgation. The Home Owner's Association is a different entity and their cause of action against you, for unpaid dues, proceeds on a different basis. The action(s) that the bank takes has no effect any claims against you by other entities, especially those grounded in a different basis. Similarly, if you had not paid your property taxes on the condo, the state could proceed against you as well.

The bank's foreclosure means that the HOA's lien will probably come to nothing; but that doesn't stop the HOA from suing you or using other mechanims (such as wage garnishment) to collect.

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