Where Unpaid Homeowners’ Association Dues & Foreclosure Meet
As Florida attorneys who provide legal representation to homeowners’ associations (HOA), while also representing those affected by a foreclosure proceeding, the issue of homeowners’ associations foreclosing on homes over unpaid fees can be a challenging one that affects more people than you realize; especially since some 30 to 40 percent of the country lives in homeowners’ association communities. Many people and possibly even some homeowners’ association do not realize that in Florida and a number of other states, if you fail to pay assessments and dues, the association can obtain a lien on your property that leads to foreclosure. In fact, most people think that only their mortgage lender can seize their property. However, the law also dictates that the association cannot file this lien unless it first provides the homeowner with 45 days to pay what they owe via a written demand. Still, in its assessments lien, it can not only include unpaid assessments in the lien, but also late charges, interest, and attorneys’ fees. Defaulting on assessments means that the association can foreclose by filing a lawsuit, even if you are current on your mortgage payments. This is why – if you are involved in a disagreement with your association – failing to pay fees is not the way to address the disagreement; rather, speaking with an attorney to discuss your options makes more sense; especially since it can be difficult to even figure out how much is actually owed to the HOA. Seizing A Home Over $250 In Unpaid HOA Fees? There is no question that a number of homeowners do not completely understand the ability for associations to foreclose on their home after they have purchased it, and are shocked when they find themselves in the position of losing a home that they’ve paid hundreds of thousands of dollars for over several hundred dollars in unpaid homeowners’ association fees. As a result, a number of associations try to ensure that they try to collect several times before resorting to foreclosure. Exploiting The Tragedy Still, the foreclosure issue can leave homeowners in a serious bind, especially when it comes to companies that may be tempted to purchasing homes under foreclosure for a small amount of money and seek to sell the homes back to their owners for much higher prices. It can also leave homeowners in a situation where they essentially still owe a mortgage payment for a home they no longer own. Fighting Back Some Florida associations have found that it is a waste of time to foreclosure on a home if it has a superior mortgage because even if the association ends up with the title, it is possible for the mortgagee to take the property from the association. In addition, it is important for all parties to note that the statute of limitations to pursue unpaid assessments is five years. Contact Our Florida HOA & Foreclosure Attorneys If You Have Any Questions If you are a Florida homeowners’ association with a question about unpaid dues and foreclosure, or a homeowner potentially facing foreclosure, do not hesitate to reach out to our experienced Tampa homeowners’ association attorneys at HD Law Partners today to find out more about your rights and options. Resource: https://marketwatch.com/story/condo-fee-foreclosures-become-headache-for-homeowners-2015-01-09 Take These Steps Before You Rent Your Property to Any Tenants Posted in Homeowners Association, Landlord Tenant | No Comments » Connect with us Archives May 2026 April 2026 March 2026 February 2026 January 2026 December 2025 November 2025 October 2025 September 2025 July 2025 June 2025 January 2025 January 2024 December 2023 November 2023 October 2023 September 2023 August 2023 July 2023 June 2023 May 2023 April 2023 March 2023 February 2023 January 2023 December 2022 November 2022 October 2022 September 2022 August 2022 July 2022 May 2022 April 2022 March 2022 November 2021 October 2021 September 2021 August 2021 July 2021 May 2021 April 2021 March 2021 February 2021 January 2021 December 2020 November 2020 October 2020 August 2020 July 2020 June 2020 May 2020 April 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 November 13 Categories Alimony Appellate Arbitration Auto Accidents Auto Insurance Business Corporate Business Insurance Law Child Custody Child Support Criminal Law Divorce Family Law FEMA Insurance Payments Florida’s Mandatory 2‑Hour Legal Professionalism CLE: Foreclosure Defense Fort Myers Hurricane Insurance Attorney General Guardianship HD Law Partners Service HOA/Property Management Homeowners Association Homeowners Insurance Hurricane Claims Hurricane Insurance Insurance Bad Faith Insurance Claims Insurance Defense Insurance Litigation Landlord Tenant Law Enforcement Liability Loan Modifications Mold Water Damage Parental Rights Paternity Personal Injury Premises Liability Law Prenuptial Agreements Private Security Property Distribution Property Owner Law Sarasota Insurance Litigation Attorney Slip Fall Tampa Business and Corporate Attorneys tampa family attorney Tampa Insurance Attorneys Timeshare Timesharing Uncategorized HD Law Partners is proud to be your trusted full-service law firm Quick Links Property & Casualty Business & Corporate Litigation Family Law Contact Us Careers Get In Touch 2002 North Lois Avenue Suite 510 Tampa, FL 33607 813-253-5333 Contact Us