Can A HOA Put A Lien On Your Home?

Definition of "Can a HOA put a lien on your home?"

Andrew  O

Written by

Andrew O'Reillyelite badge icon

Seaport Real Estate Services

Most residential communities have a homeowner’s association (HOA) structure that ensures a well-maintained environment and deals with common maintenance issues. Typically if you are looking to buy a townhouse, condominium, or single-family home in a planned community, you will encounter an HOA structure. But how much power does a homeowner’s association have? Can they go as far as placing a lien on your home? Let’s find out!

Buying property in a planned development often requires you to join the community’s HOA. While that might spare homeowners from some responsibilities, they still have some obligations towards the HOA and the community. The restriction imposed on community members, the services provided by the HOA, and other rules are featured in the association’s covenants, conditions, and restrictions (CC&R).

It’s important to note that not all HOA’s are similar, and homebuyers looking for a home in a planned development could run into poorly managed HOA’s where no one takes the board seriously, or they could run into very restrictive structures. That is why learning its rules before becoming a member is crucial to understanding if you will fit into the community or not. Everything you need to know about the planned development under an HOA should be featured in the CC&R.

Knowing the rules becomes increasingly important, especially if some HOA has the power to file liens or even take your house for breaking the rules or missing payments. Pay particular attention to the rules and regulations to determine if the HOA can foreclose on your property for nonpayments or fees, fines, or other CC&R violations. You can learn more about the association rules and regulations on the internet or by contacting them directly. You can also find a real estate agent in the area where you plan to close a real estate transaction.

Some states place restrictions on HOA’s ability to foreclose or place a lien on your property, but not all do. That is why checking the CC&R should highlight everything you need to know about an HOA’s ability to foreclose on your property or put a lien on it for breaking the rules or missing payments.

image of a real estate dictionary page

Have a question or comment?

We're here to help.

*** Your email address will remain confidential.
 

 

Popular Real Estate Questions

Popular Real Estate Glossary Terms

The term apportionment can be easily applied to many contexts. For example, apportionment in insurance is concerned with how the loss is allocated between two or more insurance companies ...

Sponsor sells interest to real estate investors in one property only. The total amount received from the equity investors is used by the sponsor to buy the property for the partnership. ...

Income derived from a collection of asset investments. Real property investments produce rental and lease payment income. Investments in mortgages and other long term debt instruments ...

English-style architecture named after King Gorge I-III and extremely popular in Great Britain and North America during the 18th century. In this style house has two to three stories and is ...

A clause that may be inserted into a purchase agreement or a lease indicating that subject property must be properly maintained in order to validate the contract. The effect is to create ...

Paneled brickwork between timber quarters, a framed wall, or partition. ...

Judicial order requiring the named person or business to act or not act on something. An example is an order to a tenant to make rental payments to a landlord. ...

Surveying the land to determine its suitability for a specific purpose, such as building a high-rise apartment house. ...

Are you thinking to yourself: What does replacement cost mean?When someone in the Real Estate Market mentions Replacement Cost, they are talking about an evaluation of how much it ...