The owner of a property is responsible for paying association assessments. This is made clear in the governing documents signed at the time of purchase.
More Detail
These days, however, unless the association's governing documents are specific, some banks that end up holding title to association property do not pay assessments.
Best practices dictate that any owner, including a bank, that does not keep up with paying assessments be tracked and reminded of the obligation to pay.
When assessments are not paid, and collection efforts fail, the association may be able to file a lien, or essentially foreclose on a property in arrears.
The responsibility for property owner association fees usually lies with the individual property owners in the association. These fees are typically used to cover the maintenance and management of common areas and amenities within the community.
Every owner of a share in an association is responsible for assessments, which represents income to the association so it can pay its operational expenses. No deed can make you immune from owing assessments, unless specifically stated in your governing documents.
The titled owner is responsible for HOA assessments, whether it be the fore-closed-up owner or the bank -- when the bank takes over title to the property.
The current owner of the property.
Typically, the deed holder is responsible for paying Homeowner Association (HOA) fees, regardless of whether they are asked to leave by the homeowner or not. The responsibility for HOA fees is tied to the ownership of the property, not the occupancy status. So, even if the homeowner asks the deed holder to leave, they will still typically be responsible for paying any outstanding or future HOA fees until the deed is transferred to another owner. It is important to review the specific HOA rules and regulations and consult with legal professionals for accurate and personalized advice.
Whoever is the titled owner of the property is responsible for paying assessments. Read your governing documents to determine the steps that the association can take to collect debts that owners owe.
The vehicle's owner .
Generally, the association will work with its counsel to file a lien on your property that you own within the association.
If you purchased your property subject to the by-laws and rules & regulations of a Homeowner's Association you cannot remove your property from the association. All the other owners have the right to expect that each owner must follow the rules and pay their share in the assessments and maintenance fees. Removing your property from the association would mean that you could not share in any of the benefits of the association, including amenities, roadways, common area parking, trash removal, sewer service, master insurance coverage and so forth. There would be no way to accommodate your property separately from the common elements owned by all owners. As an alternative, you can remove yourself from the association by selling your property to a new owner.
Generally, the association must have been awarded attorneys' fees in a court case, or won a judgement against an owner in order to file a lien for fees. If your association has filed a lien against you without such a judgement or winning, you can work with an attorney to have the lien dismissed, and potentally charge the association for your defense costs.
The titled owner is responsible for taxes and assessments: if such an owner is a bank, the bank is responsible.
The right to foreclose upon default must be granted by the property owner. That language is included in the fine print in mortgage documents. The possibility for a "foreclosure" for unpaid assessment fees would be unlikely. The procedure for collecting overdue assessments should be set forth in the document that created the homeowner's association. The association can seek a court judgment and record an execution against the property then follow local collection procedures.
Association assessments are paid by the owner of record. If your name remains on the deed, you owe assessments.In most cases, the homeowner or unit owner is responsible for paying the HOA fees prior to the foreclosure. Once the lender takes legal possession by foreclosure no further fees are added to the amount due but the HOA can pursue payment of the past due amount. In Florida, an HOA can go after a homeowner for past due fees even after the bank has foreclosed by using the process used for a 'deficiency judgment'.