Homeowners’ Associations (HOAs & COAs)
If your home, condominium, or townhome is part of a homeowner's association (HOA), you'll most likely have to pay dues and sometimes one-time assessments (collectively referred to as "assessments."). If you don't pay the HOA assessments, the homeowner's association can initiate foreclosure proceedings. An HOA foreclosure is similar to a foreclosure of your home by a mortgage lender. But there are a few differences.
Below you can learn how HOAs work, the basics of HOA lien foreclosure, defenses you might have to an HOA foreclosure, and more.
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Homeowners' Associations (HOAs) and CC&Rs: Know What You're Getting Into
When you buy a house in a new subdivision or planned unit development, you may be subject to a host of rules and regulations.
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Homeowners' Association Super Liens
In some states, homeowner association liens are given special status, called super liens.
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What Are Covenants, Conditions & Restrictions (CC&Rs) in HOAs?
If you live in a condo, townhome, or house that's part of a homeowner's association, you'll be subject to the rules in the Declaration of Covenants, Conditions, and Restrictions (CC&Rs;).
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If you live in a planned community, such as a condo or townhome, you may have to pay special HOA assessments in addition to monthly HOA fees.
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Defenses to an HOA Foreclosure
If you don't pay the required fees or assessments to your HOA, in most cases, the association can foreclose your home. But don’t panic; you might have a defense.
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Right of Redemption Following an HOA Foreclosure
If you don't pay homeowner's association (HOA) dues or assessments, the HOA can foreclose on your home, condo, or townhome.
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HOA Dues in Chapter 13 Bankruptcy
Here's how homeowners association fees are treated in Chapter 13 bankruptcy.
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Can I Discharge HOA Dues in Chapter 7 Bankruptcy?
What happens to HOA dues in Chapter 7 bankruptcy depends on whether you plan to keep or surrender your home.
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Homeowners' Association Super Liens
In some states, homeowners' association liens are given a special status. These liens are called "super liens."
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What Happens to My Mortgages if the HOA Forecloses its Lien?
The answer depends on the mortgages' priority.
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Defenses to an HOA Foreclosure
If you don't pay the required fees or assessments to your HOA, in most cases, the association can foreclose your home. But don’t panic; you might have a defense.
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What Are Covenants, Conditions & Restrictions (CC&Rs) in HOAs?
If you live in a house that's part of a homeowners' association, you'll be subject to the rules in the Declaration of Covenants, Conditions, and Restrictions.
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HOA Liens and Foreclosures: An Overview
If you fail to pay homeowners' association dues or assessments, the HOA might foreclose.
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Homeowners' Association Super Liens
In some states, homeowners' association liens are given a special status. These liens are called "super liens."
-
Defenses to an HOA Foreclosure
If you don't pay the required fees or assessments to your HOA, in most cases, the association can foreclose your home. But don’t panic; you might have a defense.
-
Right of Redemption Following an HOA Foreclosure
If you don't pay homeowner's association (HOA) dues or assessments, the HOA can foreclose on your home, condo, or townhome.
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I'm behind in HOA dues but not my mortgage. Can the HOA foreclose?
If you get behind in HOA dues, you might lose your home to foreclosure—even if you're current on your mortgage.
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I'm Behind in HOA Dues. Can I Negotiate With the HOA to Catch Up?
Learn about possible options to get current on HOA dues and avoid foreclosure.
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If I don't pay HOA assessments, can my HOA charge fees or penalties?
If you fall behind in HOA dues or assessments, your homeowners' association can likely charge late fees and penalties.
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If I Stop Paying HOA Dues, What Collection Methods Can the Homeowners' Association Use?
The homeowners’ association might place a lien on your home, sue you, take away your privileges, or foreclose.
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If you live in a common interest development in California and default on the dues and assessments, the association might foreclose.
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New York HOA and COA Foreclosures
If you default on HOA or COA payments in New York, the association can foreclose on your home.
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Texas HOA and COA Foreclosures
If you default on HOA or COA dues and assessments in Texas, the association may foreclose.
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Florida HOA and COA Foreclosures
If you fail to pay homeowners or condo association assessments in Florida, the HOA or COA can foreclose on your condo or townhome.
More About This Topic
More Legal Topics
- After Foreclosure
- Alternatives to Foreclosure
- Delaying or Stopping Foreclosure
- Fighting Foreclosure in Court
- Foreclosure and Bankruptcy
- Foreclosure Lawyers & Other Foreclosure Help
- Foreclosure of Mobile and Manufactured Homes
- Foreclosure: The Basics
- Losing Your Home in a Tax Sale
- Reverse Mortgages
- State Foreclosure Laws
- Tenants and Foreclosure
- Timeshare Foreclosures
- Understanding Mortgages & The Major Players in a Foreclosure
- After Foreclosure
- Alternatives to Foreclosure
- Delaying or Stopping Foreclosure
- Fighting Foreclosure in Court
- Foreclosure and Bankruptcy
- Foreclosure Lawyers & Other Foreclosure Help
- Foreclosure of Mobile and Manufactured Homes
- Foreclosure: The Basics
- Losing Your Home in a Tax Sale
- Reverse Mortgages
- State Foreclosure Laws
- Tenants and Foreclosure
- Timeshare Foreclosures
- Understanding Mortgages & The Major Players in a Foreclosure
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