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

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.

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Thomas Andrew Miller

Thomas Andrew Miller

Workers' Compensation Lawyer - Atlanta, GA

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.

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