Technically it is. But, this is an ongoing violation so the statute of limitations never starts to run. As long as there is a delinquency and the dues are not up to date a suit can be brought.
Generally speaking, it falls within the 6 year SOL. However, I would need more information before I could provide you with a complete response.
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Generally, HOA's place a lien on the property long before they try to sue to collect the fees, knowing that the fees will have to be paid if and when the property is sold. The development's Master Deed and By-Laws outline the HOA's rights as well as it's procedures in such situations.
Each failure to pay the monthly dues would be considered separate breaches, and each future breach would allow the HOA to recover the entire debt. Plus HOAs usually file liens on the property long before the statute of limitations becomes an issue. These, of course, are general statements. You should consult with an attorney for a thorough evaluation f your specific case. I wish you the best.
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