State laws vary. Generally, if the lien is of a considerable amount the HOA could obtain a judgement lien and then seize the property under the judgment lien. A prudent homeowner would pay the outstanding arrears since the legal process of a lawsuit and seizure would add considerable costs to the amount due with added legal costs, fees and interest.
Another Answer
Your governing documents may spell out the process that the association follows in your state to foreclose on a unit: your association attorney can best advise you about how to proceed.
Because of the financial implications of the association's owning a unit, this step requires additional 'homework' to determine if this step is best for the association. Variables to consider include whether or not there is an existing mortgage on the unit, the fair market value of the unit, how the association intends to use/ dispose of the unit, and more.
If they hold a mortgage or a lien on the property. Home owner's associations often have required dues and if they are not paid, a lien can be placed on the property.
Yes. Read your governing documents to understand when and why the association might be forced to take this final step.
As most home owners associations are written into the deed as a convanant there is no way out but to sell the property.
Yes. Read your governing documents to determine the steps required by the association -- that they must take -- before foreclosing on your home.
Once they have been recorded in the land records property deeds cannot be altered.
They can if the streets are owned by the home owners' association rather than by a municipality.
If the homes are within the provenance of the association, the new owners are automatically members of the association and are required to pay monthly assessments and live in the property according to the governing documents.
Foreclosure is a legal process whereby all interested parties are included, or the foreclosure procedure cannot be completed. If you believe that your association is foreclosing on your title, and you believe that your mortgage lender has not been informed, you can inform your lender, since the mortgage is in your name, not the association's name, and your responsibility is to protect your name.
The foreclosure should not affect your other property.
A home owner's association -- as a legal entity -- is a property owner with the same rights as other property owners in the locale. It can cut down trees on land owned by the condominium. It cannot cut down trees on a privately owned lot, which would be land owned by someone else, without the written consent of that landowner.
Your estate is responsible. If the equity mortgage is not paid the bank will foreclose on the property.
The web address of the Dennisville Historic Home Owners Association Inc is: http://dhhoa.dennistwp.org