What is the goal of an HOA once they file a lawsuit against you for unpaid fees – to get their money or the property?

UPDATED: Jul 16, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What is the goal of an HOA once they file a lawsuit against you for unpaid fees – to get their money or the property?

Asked on July 16, 2011 under Real Estate Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The ulitmate goal by a homeowner's association in a lawsuit for unpaid fees concerning a home subject to the association's rules is simply get paid the money claimed owed.

Homeowner Associations are bound by rules, typically called covenants, conditions and restrictions ("CC & R's) that are usually recorded. Properties that have these covenants, conditions and restrictions recorded upon them are subject to the rules of the Homeowner's Association. You might ask to see a copy of the covenants, conditions and restrictions and read them concerning any dispute you may have with the association.

Usually the recorded covenants, conditions and restrictions allow the Homeowner's Associaiton to record a lien on a property subject to the association's rules if the property owner is not paying required fees such as monthly homeowner's dues.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption