Can my HOA actually foreclose on my property if I am behind on dues?

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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 8 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.


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