There is a growing concern about this topic as many HOAs in the area are beginning to aggressively pursue delinquent fees to dig themselves out of the financial holes they been dragged into as a result of rampant delinquencies result from short sales and foreclosures.
The standard line of thinking to this point has been that delinquent HOA fees were wiped out by a foreclosure and/or were paid off by the foreclosing bank. In reality, that may not actually be the case in some cases.
The motive behind the current aggressive actions by HOAs comes from the fact that, in many developments, the HOA required a written personal guarantee IN ADDITION TO the ability to slap a lien on a property with delinquent fees. While the lien is wiped out during a foreclosure, the thinking is that the personal guarantee is NOT. Desperate to stay afloat, HOAs are therefore sending out delinquency notices and trying to collect.
Although we can conjecture the cause for the current situation, we cannot provide a remedy in this forum. This is a topic to be handled by a real estate attorney â€“ only they can make a legal determination of your responsibility to pay or other courses of action.
Your situation regarding delinquent HOA fees potentially involves a legal review based on facts; however, I suggest you review the following post: