This sounds a little biblical and primitive, but may be allowed by your governing documents. Read them to verify that this is standard practice in your community.
Depending on where you live and the efficacy of peer pressure in the culture, this may be common. In Hong Kong, for example, people who don't pay their assessments on time can read their names listed on the reader boards in the elevator waiting area.
Best practices dictate that you pay the assessments that you owe. You can also discuss the matter with your board, so that there is an action plan in place to pay your over-due bills. Perhaps that will allow you to remove the line.
It is assumed that you are referring to a lien.
The answer is yes. Generally, a homeowners association has the authority to place a notice of lien for unpaid assessments on your property if you owe delinquent fees and special assessments. If the HOA needs to sue you in court then reasonable costs of collecting, fines and interest may be applied by the court. If the HOA is successful the court will issue a judgment lien that can be recorded in the land records. The property cannot be sold or mortgaged until that lien is paid.
Even if a lien is not recorded in the land records a delinquent owner will encounter problems if they try to sell or mortgage the property. In either case, the attorney representing a buyer or lender must obtain a certificate stating whether there exists outstanding fees. If delinquent fees are shown on the certificate they must be paid for the transaction to proceed.
Yes. You are legally obligated to pay homeowner association dues. As long as the homeowner's association was part of the public land records when you purchased your property you agreed to be bound by its terms and provisions. You need to review the recorded documents relating to your property.
yes
Your answer may depend on your use of the real estate asset. Your tax advisor can answer your question specifically.
Yes--if there is a written contract or agreement to pay dues. If the dues are voluntary, then the association has no basis to sue.
It will depend both on state law and the entity that is foreclosing. In some states lenders are not required to pay the full amount of back dues or other HOA assessments.
They are typically TOO MUCH and are charged monthly!
No. There must be (a) recorded instrument(s) giving the authority for a HOA to file a lien.
Depends on the laws of the state; the HOA should have its attorney check this. But the question is how did the sale occur without the HOA providing a standard letter certifying that all dues were paid to date of sale unless your state does not require this? The HOA should have filed its lien against the unit prior to the sale, too, if state law granted it that right.
Liens are a legal specialty and best practices dictate that you work with association counsel to file the proper lien, properly, to maximize the association's chances that it can recover money from this action.An improperly filed, improper lien may afford the debtor defense against your claim.
If the homeowners' association has recorded covenants and/or bylaws against the home in question, and the dues required by the covenants and/or bylaws have not been paid, a lien can be filed immediately in most cases, regardless of foreclosure or sale of the property. However, to ensure that the lien paperwork is filled out correctly (and avoid thousands of dollars in attorney fees should the homeowner challenge the lien in court), the homeowners' association should hire an attorney to prepare the lien documents.
Liens are a legal specialty and best practices dictate that you work with association counsel to file the proper lien, properly, to maximize the association's chances that it can recover money from this action.An improperly filed, improper lien may afford the debtor defense against your claim.
It won't. Homeowners insurance is protection from sudden accidental losses, it does cover association dues.