Can A Homeowners Association Foreclose On My Home?
If you’re a member of a homeowners association, then it’s within the realm of possibility that the HOA can foreclose on your home. While rare, it does happen. In this article, the Columbus, OH foreclosure defense attorneys at Kohl & Cook, LLC will discuss HOA foreclosures and what you can do to stop one.
What to know about an HOA foreclosure
Homeowners associations require that members pay fees on a regular or special basis. These fees are used to fund various expenses such as common area maintenance and repairs. Homeowners who agree to join the HOA also agree to pay these fees. There are consequences to failing to pay these fees. One potential consequence includes an HOA lien and foreclosure.
Can an HOA foreclose on my home?
Although this varies from state to state, an HOA can foreclosure on your home in Ohio provided that the governing documents permit foreclosure. HOA foreclosures occur when a homeowner fails to pay assessments and fees. This means that even those who stay up-to-date on their mortgage payments can still lose their home to the HOA if you stop paying the HOA assessments. You don’t even need to be behind by that much. Even if you are only a few hundred dollars behind in your HOA assessments, the HOA still has the power to foreclose on your property.
This type of foreclosure has the same basic process as a foreclosure brought about by a mortgage lender. An HOA foreclosure can employ the court or not. A non-judicial foreclosure does not employ the courts. A judicial foreclosure requires a lawsuit be filed against the homeowner and employs the courts.
HOA liens
Homeowners who fail to pay their HOA fees will face liens automatically attached to their property. The HOA will often record this lien with the county records office, though this is not strictly required. Those who want to remove the lien from their home will need to settle their debt with the HOA. This can include paying the original assessment on top of any fines, interest, or penalties.
HOA foreclosure defenses
An attorney representing you in an HOA foreclosure situation will review the governing documents of the HOA to ensure that they have the legal authority to foreclose on your home. There are also sometimes when an HOA imposes an assessment that was not authorized. An HOA foreclosure defense attorney can also force the HOA to prove that their accounting of the fees and assessments is accurate. In other cases, the board unlawfully increases for common expenses in violation of the declaration. In other cases, you may face excessive fees for enforcement of HOA rules. No matter what the issue is, the HOA foreclosure defense attorneys at Kohl & Cook, LLC can help you fight the foreclosure and retain possession of your home.
Contact a Columbus HOA Foreclosure Defense Attorney Today
Kohl & Cook Law Firm, LLC represents the interests of homeowners in foreclosure actions filed by homeowners associations. Call our office today to schedule an appointment and learn more about how we can help.
