Working with a foreclosing lender is never an easy task.
Best practices dictate that the board work with its counsel to file the proper paperwork and send the invoices to the proper address, and file the proper documents that cloud the title sufficient to have some chance of collecting the assessments due from the property at the time of sale.
The titled owner is responsible for taxes and assessments: if such an owner is a bank, the bank is responsible.
Generally the foreclosing lender must notify the HOA.
Yes, it is possible to pay HOA fees in advance.
Homeowners are typically required to pay HOA fees for as long as they own the property, as outlined in the HOA agreement.
You can find the answer you want in your governing documents.
(Continuation from above) I live in the state of Florida. I received a summons for past-due home association dues. Indeed I owe this money but they have added on a enormous amount of fees on as well. I have asked them to drop these fees and began making payments in installments. They agreed to drop the fees and 6 months later they added the fees on once again and 3x the amount. They are not doing anything to maintain the subdivision; where most of the homes are being foreclosed and looks like a broken-down ghost town. They are requesting me to pay $3000 for $1300 owed dues. Should I challenge this in court or pay these fees?
Your governing documents document collection procedures and those should be followed first. Given no response by the owner, you may need to pursue the HOA's legal options. I suggest that the HOA work with its attorney and file liens against the delinquent properties. That way, this clouds the title, making it difficult for the delinquent homeowners to refinance or sell their homes. Also, HOA liens can be foreclosed in most states, even above mortgages, so the HOA is basically guaranteed payment. This process is documented in your governing documents. Remember that since the HOA covenants and/or state law give the HOA the right to collect attorney fees in case of homeowner default, the cost of the transaction will eventually be paid by the owners.
The deed holder is responsible for paying the HOA fees.The deed holder is responsible for paying the HOA fees.The deed holder is responsible for paying the HOA fees.The deed holder is responsible for paying the HOA fees.
Prepaid HOA fees at closing when purchasing a property are typically handled by the seller. The seller will provide the buyer with a statement showing the amount of prepaid HOA fees, which the buyer will then reimburse to the seller at closing. This ensures that the buyer takes over responsibility for the HOA fees from the date of closing onwards.
You need to pay HOA fees on a regular basis, typically monthly or annually, as outlined in your homeowner's association agreement.
Association assessments are paid by the owner of record. If your name remains on the deed, you owe assessments.In most cases, the homeowner or unit owner is responsible for paying the HOA fees prior to the foreclosure. Once the lender takes legal possession by foreclosure no further fees are added to the amount due but the HOA can pursue payment of the past due amount. In Florida, an HOA can go after a homeowner for past due fees even after the bank has foreclosed by using the process used for a 'deficiency judgment'.
The current owner will inform you as to the monies due to the HOA at the time of sale. If the HOA has filed a proper lien on the title to cover past assessments, then yes, they are paid as part of the sale.