Do HOA’s have the right to foreclose on a home if the homeownerhasn’t paid their dues?

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Do HOA’s have the right to foreclose on a home if the homeownerhasn’t paid their dues?

In SC.

Asked on July 27, 2011 South Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, they do have the right to do this. HOA’s are seeing a marked increase in the number of owners who are behind on their association dues. Under SC laws they have the right to place a lien on the property, and, in extreme cases, they have the option to file foreclosure proceedings against the delinquent owner. The fact is that many times if a homeowner is delinquent on their HOA dues, they are also delinquent on the mortgage payments. That being the case, if an HOAforecloses first, it more fully protects certain of its legal rights.  (i.e. it will have priority in collecting back dues).


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