Whoever is the titled owner of the property is responsible for paying assessments.
Read your governing documents to determine the steps that the association can take to collect debts that owners owe.
It can place a lien on your property that must be paid from the proceeds of the sale.Also, the buyer's bank will require a title examination to disclose any liens, encumbrances or defects in the title. One of the responsibilities of the buyer's attorney is to make certain there are no common charges or municipal charges due. The seller must clear up any liens or encumbrances that are reported.
An involuntary lien would be a judgment lien by a creditor, a lien for unpaid property taxes or income taxes, a demolition lien, a lien for unpaid common expenses or homeowners association dues or a mechanic's lien. Contrast that with a lien you granted in your property such as a mortgage which would be a voluntary lien.
Sorry, but, if you did not surrender the property in your bankruptcy, you are liable until the house is no longer in your name. There are some things a lawyer can try to do to get you out of it. The association dues usually have to be paid at the closing if the lender wants to give a clear title. Check with a lawyer in your state who is familiar with housing associations.
If the association has obtained some kind of judgement against you in a court of law for monies owed, the state collections statutes apply to actions that association can and cannot take to collect the money owed according to the judgement.
Yes.
The association counsel that filed the lien for the association can answer your question.
Any legally established Condominium or Home Owners Association incorporated under the laws of the state has the power to file a lien for unpaid dues and assessments. Check the state laws governing these associations.
If an entity has been "disenfranchised" (which I take to mean it is no longer recognized as a legal entity authorized to do business in the State of Texas), then it cannot collect dues in the State of Texas.
If your governing documents specify penalties, then yes, penalties can be included in the total amount of the lien. The total amount may also include attorneys' fees, filing fees and so forth. Your governing documents should be pretty clear about assessments, liens and so forth. Since the time of origination of the association, there may have been amendments or resolutions that deal specifically with assessments. If you do not have copies of the latest documents, your board or property manager can supply you with copies, at your cost.
No. There must be (a) recorded instrument(s) giving the authority for a HOA to file a lien.
If the same owner has built up years of past-due assessments, the HOA can collect them all. If you purchased a home with past-due assessments, and the HOA did not step in before title-transfer time, it is unlikely that you as the new owner are responsible for past-due assessments that the board failed to collect from the previous owner.
A sheriff's deed is not a perfected legal transfer of real property. The original owner has an equitable right of redemption and the recipient of a sheriff's deed must take further steps to perfect their title to the property. If the original owner gets the property back from the person who purchased at the sheriff's sale the unpaid HOA dues will be waiting for them. Also, the recipient of a sheriff's deed generally requires that the original owner reimburse them for any costs they incurred during their "ownership". That would include taxes, municipal fees and common charges.If the property is retained by the person who purchased it at the sheriff's sale, they will generally pay any outstanding fees, dues and taxes.