You can find the answer you want here:
"Both the NC Planned Community Act (NCGS § 47F-3-116) and the NC Condominium Act (NCGS § 47C-3-116) detail the process for collection of delinquent assessments. "
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.
A homeowners association does not have the authority to garnish wages. Garnishment of wages can only be conducted by a court order, typically in cases involving unpaid debts. However, homeowners associations may have the ability to place a lien on a homeowner's property or pursue legal actions to collect unpaid dues or fines.
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.
'Not knowing it' is the key phrase in your question. Can this sale be accomplished in secret? The answer is no. If you've chosen to ignore or have chosen to disregard notices from the association -- based on your failure, then the sale has not taken place 'in secret'.
Yes, a homeowners association lien can impede a mortgage loan. If a homeowner has outstanding unpaid dues or violations, the homeowners association may place a lien on the property. This lien takes priority over a mortgage, making it difficult for the homeowner to refinance or sell the property without addressing the lien first.
The association counsel that filed the lien for the association can answer your question.
Yes, they can.
Yes.
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Best practices dictate that you work with your association's attorney to file a lien for unpaid assessments. Generally, a single lien can be worded in such a way so as to update the lien's impact sufficient to cover unpaid liens over a period that they may continue to go unpaid. Your association attorney who helped you file the original lien can give you the answer you need.
If a homeowner is part of a homeowners association (HOA) and they are not paying their dues or assessments, the HOA typically has the right to place a lien on the property. This means that if the homeowner sells the property, the HOA will be entitled to collect the unpaid dues from the proceeds of the sale. Additionally, the HOA may take legal action, such as filing a lawsuit, to recover the unpaid dues.
No. There must be (a) recorded instrument(s) giving the authority for a HOA to file a lien.