You hear about many homeowners that fall victim to the HOA , they miss one payment and it snowballs from there. What if you don't owe any assessments? What can they call an assessment? What do the statues say is an assessment? How does an HOA foreclose on an assessment lien that isn't assessments?
Your question is somewhat ambiguous. Notwithstanding, a HOA can foreclose when delinquent payments and assessments are due and owing. An assessment is a charge/imposition of additional dues in conjunction with what the HOA Board would deem necessary so as to establish a positive cash flow in the operating account; apply towards necessary remedial repairs, etc. The assessment can be a one time fee, or perpetual for a certain stated time frame, to wit, 3 months, 6 months, etc. Typically the rules/bi-laws of the HOA dictate that the elected Board can pass an assessment if they deem so necessary to promote the best interest of the communal dwelling as a whole. The HOA would foreclose on an assessment delinquency by deeming the owner in default of the mandated payments as reflected in the bi-laws/regulations/declarations of the HOA; subsequently filing a lien against the unit owner's property, and then pursuing a judgment of foreclosure on the lien. Typically, common charge liens and HOA lines take precedent even above a recorded mortgage. This is a generic response based on the fact pattern as you presented. Defer to a local real estate attorney for more definitive guidance. Good luck to you.
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