Complaint Foreclose Lien With Hoa
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FAQ
A housing association typically has a right of lien on each parcel within the property to secure the payment of fines and assessments. Associations cannot file a claim of lien for fines of less than $1,000.
A property owners' association can foreclose on the lien and trigger the sale of the property. The ability to create assessment liens is a power that is not automatically granted by Texas law. It must be specifically stated in the Declaration of Covenants, Conditions, and Restrictions.
An HOA lien is usually subordinate to a first mortgage because the lien is recorded after the mortgage, or the terms of the CC&Rs or state laws make the lien junior to the mortgage. As such, the lien will usually remain on the property following an HOA's foreclosure.
The HOA may record the lien with the county records office, but this is usually not required. To get rid of the lien, the homeowner would need to pay off not only the missed fees or assessments but also any related penalties, interest, and sometimes fines and attorney fees.
After the lien is recorded, the community association must commence legal action within one year. However, if the unit owner files a Notice of Contest of Lien, the association must commence legal action within 90 days. § 718.116(5)(b), Fla.