Homeowners Lien/ Foreclosure

Started by MattP • 4 replies • 1045 views

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MattP (Georgia)
Posts: 3

Posted:

Hello...I am the Treasure of an 8 home HOA in GA. We have a home that has been vacant for 3 years due to a foreclosure. During that time we have not received dues from this property, and have had to maintain the front yard because the bank had completely ignored the property. In addition we were forced to drain the pool on the property because it became a source of mosquitoes and liability. The property is now being listed by an agent and we have not filed a lien, can anyone advise if this is still possible, or have the statute of limitations expired? The total owed is around $5K. I am hoping someone is GA can respond thst is familar with the laws, we are in Cobb....

JohnK3 (Pennsylvania)
Posts: 967

Posted:

Matt,

As this is not a "one off" situation, as in a single problem/violation, but instead an "on-going" problem/violation (which I assume is covered by your CCRs/ ByLaws), I'd say you probably don't have a SofL (2 years for contracts?) issue.

I'd file a lien for all your HOA expenses thus far, including atty fees and costs, then you can update total costs if/when the property is sold.

BradP (Kansas)
Posts: 2,640

Posted:

Matt:

I would involve your association's attorney...not real sure on this one. They can advise you what to do.

JohnO6 (Georgia)
Posts: 424

Posted:

Before expending a lot of energy on this, I would first check your covenants. Our explicitly say that mortgagees who foreclose on a property are NOT liable for any delinquent or on-going assessments (e.g. dues in our HOA is one of 3 types of assessments).

If your documents contain a similar "escape clause" for mortgage holders, you can probably put the issue to bed right now.

If not, then involve your HOA attorney

MattP (Georgia)
Posts: 3

Posted:

There is a clause that states no sale or transfer at foreclosure or in lieu of foreclosure shall relieve any lot from liability for any assesment thereafter assessed

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