Home Owners Association - Foreclosure

Can a Home Owners Association Foreclose on my Property? The Answer is YES! A HOA has the right to enforce the restrictive covenants that are recorded. Although the "City" or the state may allow something the HOA may not. For example you can park your work vehicle in your driveway by most city rules. However, the HOA may not allow that if it is in the restrictions. Other examples are boats, trailers, RV's and possibly even the colors you can paint your house! Also it is important to know that the fees run with the land. This means that if you purchased the home in a foreclosure sale - you may owe HOA fees. Many times I hear that people don't think its fair but Taxes also run with the land and everyone knows you have to pay them. Do not ignore fees, fines, certified letters etc. It will not go away. Just recently I had a client who almost lost his home over a $198 HOA fee that was missed. The HOA has the right to foreclose on your property if you do not pay the fees. Although most Florida home are upside down and lack equity some HOAs will foreclose anyway. When it goes up for Sheriff sale the highest bidder wins who may know obtain a Writ of Possession and have you thrown out within days! Do not ignore your HOA as it was created to maintain the value of ALL the properties. I often hear, "my neighbor has higher grass or breaks the rules more often." This may or may not be true, but just like getting a speeding ticket you may just be the one in the wrong place at the right time. Often the neighbor is being fined but you don't get the notice about your neighbors. If you have a property next to you that is already in foreclosure often the HOA has no power to really do anything as they are already losing their house. If you have any questions feel free to e-mail me.

Gust G. Sarris, Esq.


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