We have a homeowner that has never paid HOA dues. We have filed liens every year on the property. Can we do anything else?

What are our options to force the homeowner to pay?

Fairburn, GA -

Attorney Answers (2)

Donald F. Hawbaker

Donald F. Hawbaker

Elder Law Attorney - Griffin, GA
Answered

If the liens are valid - all legal requirements of notice, drafting, timely filing, etc. complied with - file suit to foreclose them and take ownership of the property, subject to any prior mortgage which the HOA would then have to service to itself prevent loss of the property. Give notice of the suit to the first lienholder, if any, as your liens probably constitute an event of default under the mortgage provisions and jeopardizes loss of ownership.

If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more
Thomas Andrew Miller

Thomas Andrew Miller

Workers' Compensation Lawyer - Atlanta, GA
Answered

As a practical matter, the threat of a suit to foreclose on your liens should be enough to work out some sort of payment plan/resolution. If they won't budge, you will have to do a cost/benefit analysis to determine whether an ongoing legal action would be favorable to the HOA/Community. At that point, you'd want to consult an experienced attorney for advice/representation.

**Was this Answer helpful? Please click to give the Answer a Helpful Vote or make it the Best Answer! ***This... more

Related Topics

Condominiums

When you buy a condo, you own your individual unit, and all unit owners share joint ownership of the common areas, which are controlled by management.

Featured Legal Guides

HOA liens

An HOA lien is a lien attached to your property (often automatically) if your HOA fees or other assessments become delinquent. It can lead to foreclosure.

Featured Legal Guides

Barbara Billiot Stage

HOA Foreclosures

by attorney

What you need to know in order to keep your home. No Defenses Florida law guaranteeing the rights of associations to receive assessments is very... more

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.