Posts tagged HOA Lien
How to Navigate Your HOA Fees

Homeowners’ associations typically are formed to manage any property in the community that is owned communally, as opposed to individually, such as a playground or building hallways.  Whether an HOA is made up of a condominium building, townhouses, or single-family homes, the responsibilities generally include the same type of tasks – maintain landscaping, employ property managers, maintain shared private roads or driveways, arrange trash removal, operate a swimming pool, and the like. This article will help you better understand the ins and outs of HOA fees. 

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HOA Fees: Nourishing A ‘Little Democratic Sub-Society’

A district judge in Florida described community associations as “a little democratic sub-society of necessity.” And, as with federal, state, and local governments, for the “little sub-society” to function, it needs revenue.  Association revenue comes in the form of HOA fees paid by homeowners – the functional equivalent of property taxes paid to a local government. An association’s authority to collect HOA fees (or “assessments”) arises from two places:state law and the HOA’s declaration.The declaration is a document recorded in the county land records that serves as the association’s constitution. It grants certain powers to the HOA and imbues homeowners with certain rights and obligations, one of which is the duty to pay assessments.

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12 Facts About HOA Liens & Foreclosures You Should Know

The right to record liens, and to foreclose on unpaid liens, is perhaps the most powerful tool homeowners’ associations have to enforce assessment obligations.  State HOA laws are designed to allow associations to recover unpaid fees without undue effort and expense while protecting homeowners from overly aggressive associations by requiring strict compliance with statutory procedures and ample notice to homeowners. 

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