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Generally, no. The recipient has the right to deposit a check when it is handed over to pay a bill. You should not write and deliver checks if the funds are not in the account. That is an extremely risky practice.

Generally, no. The recipient has the right to deposit a check when it is handed over to pay a bill. You should not write and deliver checks if the funds are not in the account. That is an extremely risky practice.

Generally, no. The recipient has the right to deposit a check when it is handed over to pay a bill. You should not write and deliver checks if the funds are not in the account. That is an extremely risky practice.

Generally, no. The recipient has the right to deposit a check when it is handed over to pay a bill. You should not write and deliver checks if the funds are not in the account. That is an extremely risky practice.

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11y ago

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Can HOA foreclose on their liens before the bank lien?

Your answer depends on the nature of the HOA lien, the nature of the bank lien, the state law and the governing documents in effect for the HOA. There is no standard.


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Yes. If the HOA is in your deed, as the result of a recorded document prior to the date you bought your home, you are obligated to be a member. However, the title insurance policy issued for your home should have disclosed that it was subject to HOA membership. Check your title insurance policy--if that's not in there, you can sue the title company for indemnification. Call a real estate attorney in your area for insight into your state's laws and your specific situation.


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I suggest you contact the members of the HOA board. There is no law that the gate must be closed, or that the dues must be lowered if the gate remains open. Check the covenants to see whether there are any provisions about the opening or closing of the gate. You may have to attend the next meeting of the HOA to discuss the issue. Remember that being involved in the HOA makes your community a better place for everyone.


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