Can my property be sold by my HOA without my consent?

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Can my property be sold by my HOA without my consent?

I am the owner of my 2 unit condos and my condos was placed on a public auction to be sold by the Director/President without my consent. On the legal notice I received says that I owe the condo $2,900 of utilities, which I was never acknowledged about whatsoever. I only received 2 notices about this action recently within the last month. However, the president proclaimed that there has been notices issued for the last 9 months. And as of this month 6, my condos units were sold at a public auction. Is there any way to protect my asset? Does the president have the right to do such thing?

Asked on March 29, 2012 under Real Estate Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Many people who purchase properties with an HOA sign a contract with rules that waive many of the rights and freedoms that the general public enjoy.  What rights you have left, if any, will turn a great deal on that contract.  So, your first step is to crack it out and see what procedures are listed.  Generally, HOA's are allowed to impose certain authorized expenditures on members.  Because of the power granted through the HOA agreement, they can place a lien on your property and foreclose on the property just like any other creditor.  To stop the foreclosure sale, you either need to pay the money or file a suit to stop the sale of your property.  Your HOA agreement may also have some other remedies.


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