Foreclosure in 94015>Question Details

Space, Other/Just Looking in 94015

After being 3 months being on my HOA payments, in CA can HOA restrict access to my home or ammenities without first legally foreclosing?

Asked by Space, 94015 Mon Dec 28, 2009

I recently found out that if I miss my HOA payments, the HOA can foreclose on me, even if I the bank is not foreclosing yet due to missed mortgage payments. But someone else told me that if I miss HOA payments they will actually put a LOCK on my door and may even ban me from entering the gate of the condominium complex. IS that true?

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You are correct that the HOA can lien your property and does have the right to foreclose. As for locking you out of your home and amenities I think that is wrong/incorrect. Read your HOA documents. There are a lot of people behind on payments, mortgage, taxes and HOA and this is the first I heard of this threat.
Web Reference: http://www.terrivellios.com
2 votes Thank Flag Link Mon Dec 28, 2009
Space in my area that would be called a self help eviction and is frowned on by the legal system. They can forclose, go to court get a judgenment and lien your pay, even get your your property sold at trustee sale. They can not just lock you out. If they did my first call would be to an attorney. My second call would be to the local police.
How did you "just" find out that the HOA can take legal action? Didn't you go over your CC&R's?
0 votes Thank Flag Link Tue Dec 29, 2009
As Terry mentioned, go through your HOA docs and see what rights you have. I have never heard of an HOA keeping an owner from their unitl.

You might also need to contact a real estate attorney to help you. IF you need a referral, please let me know.

Good luck,

Tap
http://www.DavidTapper.com
http://www.TeamTapper.com
0 votes Thank Flag Link Mon Dec 28, 2009
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