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HOA fees and liens

Posted on 11/17/15 at 8:00 pm
Posted by Golfer2012
New Orleans
Member since Jun 2010
54 posts
Posted on 11/17/15 at 8:00 pm
Can someone put a lien on your house for owing HOA fees when there was no papers signed about a HOA?
Posted by tiger94gop
GEISMAR
Member since Nov 2004
2920 posts
Posted on 11/17/15 at 8:04 pm to
It depends on your deed. If the property had covenants in place, HOA and other things can attach. If the property went through Sheriff Sale, tax sale, or some other legal issue. Maybe not. If served you can fight it, but just like a materialman's lien, the burden of proof really falls on the owner. How much is it and how much will it cost you to fight it.
Posted by Rhino5
Atlanta
Member since Nov 2014
28907 posts
Posted on 11/17/15 at 8:47 pm to
It always said they could in the contracts. I knew what I was getting into before I bought the house so I never tested them.
Posted by TigerTatorTots
The Safeshore
Member since Jul 2009
80803 posts
Posted on 11/17/15 at 8:47 pm to
Are you not paying your HOA fees?
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37161 posts
Posted on 11/17/15 at 9:03 pm to
It would be highly unlikely, but not impossible, for someone to purchase in a deed restricted community and not sign something about the covenants. It might be buried in the fine print of the pile of paperwork.

But if that really happened and they filed a lien I would have a chat with the closing attorney.
Posted by HailToTheChiz
Back in Auburn
Member since Aug 2010
49033 posts
Posted on 11/17/15 at 9:51 pm to
quote:

Can someone put a lien on your house for owing HOA fees when there was no papers signed about a HOA?


Your papers you signed were in the closing most likely. Also, the fact that you chose to live in a neighborhood with an HOA is acceptance of said HOA terms.

Lien already on your house baw.

pay your dues.
Posted by Old Sarge
Dean of Admissions, LSU
Member since Jan 2012
55452 posts
Posted on 11/18/15 at 7:46 am to
As others have said, pay the dues.

a. HOA is expressed in the notes on the deed in most instances
b. If you house was built before the HOA was formed, there was still a note in your closing paperwork of agreement to any existing HOA (it's standard)
c. If by some miracle neither a or b apply, by moving into a neighborhood with a known HOA, you accept them


Posted by 100851
Member since Jan 2015
107 posts
Posted on 11/18/15 at 9:47 am to
Are you purposely not paying dues because you are against the idea of them? You did know there was an HOA in place when your purchased, right?

If you disagree with how the HOA is being ran, get involved. I find most poorly ran HOAs are bitch-fests, but nobody actually offers to help.

Posted by Chad504boy
4 posts
Member since Feb 2005
166500 posts
Posted on 11/18/15 at 4:57 pm to
Scumbag
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