You have not explained your situation in detail. Following are some things to consider:
You have not explained your situation in detail. Following are some things to consider:
Generally the foreclosing lender must notify the HOA.
This depends on the CC&Rs, Bylaws and other governing documents of the HOA you are trying to get out of. Odds are, you can't get out for any reason other than by the approval of a majority of the homeowners in the association. An easier way to get out of a HOA is to sell your home and buy another home not governed by a HOA.
It is unlikely that an irrevocable trust gives the property any immunity from liens.AnswerYes. If the property is owned by an irrevocable trust the HOA can place a lien against the property and the trust. The HOA should research the trust so that the present trustees can be mentioned on the lien. Although debts are sometimes difficult to collect from a trust, the property cannot be sold or mortgaged unless the lien is paid.
You need to review the recorded instrument that created the HOA to determine what powers it reserved. When you purchased your property you agreed to be legally bound to the terms and provisions set forth by the HOA.
Steps homeowners can take if the HOA is falling down on the job of maintaining the property.
Relying strictly on the info contained in the question: No they wouldn't. An association does not have 'standing' to act on behalf of a non-member. HOWEVER: Acting on its own behalf, the HOA would have authority to take legal action to keep a visitor/trespasser off their property, if that visitor/trespasser was in violation of the HOA convenants, or disturbing the community at large.
If the HOA rules prohibit rentals, shareholders may not be able to use their property for rental purposes. HOA rules typically apply to all property owners within the community, and violation of these rules can result in penalties or fines. It is important for shareholders to review and understand the HOA rules and restrictions before purchasing a property.
Yes, a Homeowners Association (HOA) can have an insurable interest in a fence on a property that is not on the common ground of the HOA. The HOA is responsible for maintaining and enforcing certain rules and regulations for the entire neighborhood or community, which may include the maintenance and insurance of fences on individual properties. It is important to review the specific bylaws and governing documents of the HOA to determine their insurance responsibilities.
Read your governing documents to determine the boundary that defines ownership of the strip in question. If the HOA owns it, the HOA is responsible for its maintenace. If not, then whoever owns it is responsible.
It all depends on the terms of the association contract you signed when you bought your property. There are all kinds of arcane language limiting a property owners rights in the HOA's. That's why I never buy property in an HOA.
The lien form is signed and recorded in the property records of the county in which the property is located. Since HOA liens are quite complicated, I suggest that the HOA see a qualified real estate attorney--this will avoid any costly mistakes.
Yes, absolutely. You can sell your property to a new owner, which removes you from the membership.