Can A Homeowners Association Take Your House ?

Definition of "Can a homeowners association take your house ?"

Angelica Vazquez real estate agent

Written by

Angelica Vazquezelite badge icon

Ez Choice Realty

Falling behind on your payments is a significant issue for many homeowners. Not every unpaid bill leads to foreclosure, especially if there is no lien on your house. If you have a mortgage on your home, that is usually your first lien, but did you know that a Homeowners association (HOA) can put a lien on your house too? So what happens if you don’t pay your fees to the HOA? Can they take your home? Let’s find out!

The short answer is, yes. The Homeowners association can take your house if you miss your payments and there is a lien on your home. An HOA can foreclose its lien if the conditions, covenants, and restrictions (CC&Rs) allow it to do so, and they typically do. The fees owed to the HOA usually cover several services such as insurance, lawn care, pest control, amenities, maintenance, and many others. If you check the HOA’s rules and regulations, you can become familiar with HOA fees and know what kind of services to expect your monthly dues to cover.

Typically, if you miss one payment, you will be notified by the HOA that you have an outstanding debt. It is most likely that they will make you aware of missed payment consequences, such as being charged interest until you pay or incur a late fee. If you remain delinquent or fail to make payments regularly, they might warn you of legal actions that will be taken against you. But how much power does an HOA have? Can they go as far as to foreclose and take your home?

They definitely can process a foreclose and take your home. When can they take your house, or how far can you go without paying your bills? That depends on the state regulations. Some states have more restrictions as to when an HOA can initiate a foreclosure. In contrast, others don’t have any restrictions, and the homeowners association can foreclose on a home for as much as a few hundred dollars. Do check with your local real estate agents if you want to learn more about HOA’s near you.

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

property having an easement right through another adjoining property. The property through which the easement passes is considered to have the servient tenement. ...

In real estate, the term "preamble" refers to an introductory statement that outlines the fundamental principles and goals guiding the industry's practices. Specifically, in the National ...

Dehydrated gypsum that is mixed with water to form a rapidly setting material. Plaster of paris sets too rapidly to be practical for most building applications, but it is useful for ...

When dealing with foreclosure, anti-deficiency laws can act as a life raft for many homeowners. They are state laws that come as a form of relief protecting the purchaser of residential ...

Loss of property from nonfulfillment of some duty or condition. In some cases, forfeiture is required by a court order, whereas in other cases the nonfulfillment of a contractual debt is ...

Metal hardware within the construction that is typically not visible, such as bolts, nails, and screws. ...

Person who dies leaving a will specifying the distribution of the estate. ...

Two-story house where the front door is located above the first floor but below the second floor. ...

Combination of IRC 1034 and 121 dealing with the sale of a personal residence with the once-in-a-lifetime $125,000 exclusion that may be available for the "over-55" seller. Should the ...