0
Can a homeowners association file a lien against you for overdue fines only if assessments and dues are all paid.?
Wiki User
∙ 15y ago
If your assessments and dues were overdue when you paid them and if the homeowners association has the right to assess overdue fines then the answer is yes.
Wiki User
∙ 15y ago
Add your answer:
Earn +20 pts
Does the bank pay homeowners association fees after the sheriff sale?
An association-savvy attorney can help you understand your state law -- there is no federal standard about how proceeds are used from this sale. Depending on the actions taken by the association, i.e., a lien taken out against the title based on overdue assessments, the proceeds from the sale may be used to pay some assessments, based on the lien priority and the other debts owed for which the sheriff sold the property. The bank may be subject to paying assessments if they acted to foreclose the property, and owned it without paying assessments. Again, action of the association is key here.
How does a homeowners' association go about offering a settlement to owners with unpaid dues?
Best practices dictate that the association's treasurer calculate overdue assessments with late fees and surplus charges separately. Then the board can negotiate with an owner to pay late assessments, which represent the expenses of the association to operate the community. The board may choose or may not choose to waive the late fees and surplus charges, but waiving them may encourage the owner to pay the assessments in full.
What recourse does homeowners association have to collect late fees?
A homeowners' association may file an assessment lien against the delinquent properties. Since HOA liens are quite complicated, I suggest that the HOA consult a qualified real estate attorney right away. Unpaid HOA liens can result in foreclosure--see your attorney for details.
Can Homeowners Association sue you for back association due's. Property was lost through a forclosure and no lien was placed on the property?
Generally, your purchase agreement details your responsibilities, including what monies as part of the sale are to be paid to the association for overdue assessments. If you believe that you do not owe past-due assessments, you can request that the board offer you proof that you owe the debt. In the end, you may need the advice of a local common interest community-savvy attorney.
Can a homeowner association or the other homeowners in a community take a homeowner to civil court for overdue assessment fees in Florida?
Yes, a homeowner association or other homeowners in a community can take a homeowner to civil court for overdue assessment fees in Florida. The homeowner association or other homeowners would need to file a lawsuit against the homeowner, seeking a judgment for the unpaid fees. If successful, the court may order the homeowner to pay the overdue fees, as well as any associated legal costs or penalties.
Can a homeowner association foreclose on a house for overdue assessment fees in Florida?
The right to foreclose upon default must be granted by the property owner. That language is included in the fine print in mortgage documents. The possibility for a "foreclosure" for unpaid assessment fees would be unlikely. The procedure for collecting overdue assessments should be set forth in the document that created the homeowner's association. The association can seek a court judgment and record an execution against the property then follow local collection procedures.
What type of lien should a homeowners association file for overdue fees?
A homeowners' association would file a labor and materials lien entitled Assessment Lien. See the HOA covenants for more information on liens. I would recommend that the HOA retain a real estate attorney to prepare and file the liens.
Can a home owners association garnish wages in Colorado?
Read your governing documents to understand the steps that your association is obligated to take in order to collect the monies that you owe. It is possible that not only is your real estate subject to a lien for unpaid assessments, but you may also be personally liable. In that case, your association may need a judgment against you in order to garnish your wages. Best practices dictate that you pay your overdue assessments, or work with your board to establish a payment plan, and keep your payments current. When you don't pay, you're asking your neighbors to pay your bills.
What legal standing do you have to get your neighbors to pay the condo charges they owe since they have caused the building to fall over thousands of dollars in arrears?
You need to review your Master Deed for the condominium. Generally the condominium association or trust has the standing to sue for unpaid condo fees. You as an individual do not.AnswerRead your governing documents and confirm that paying the association's monthly assessments is a legal obligation on the part of each owner.Send an open letter to your board and request that it be read in an open board meeting. In your letter, detail their power to collect assessments, including filing a lien against the title of any unit for which assessments have not been paid. Their power may include their right to foreclose on a unit to collect unpaid assessments.Request a written response as to why the board has not enforced its governing documents, and made efforts to collect overdue assessments on behalf of the financial health of the community.You have no legal standing within a court, for example, but you do have a legal standing within your association -- a corporation -- and can require that the board explain its lack of ordinary care in executing their duties as officers and directors of the corporation by not collecting assessments due.
Is overdue an adverb?
No, the word overdue is not an adverb.The word overdue is an adjective.
What is the past tense of overdue?
The past tense of "overdue" is "overdue."
Can an HOA place a lien on one unit's property tax rebate that all units will received through a tax greivance attorney?
You are best advised to seek the advice of counsel in this matter. There is no standard answer given the few details in your question. If you owe the association money, and the association has followed its procedure to file the proper lien against your title for overdue funds, the association may be able to extend the lien to re-direct this rebate.
