Trulia Voices Real Estate Q&A in 90403

Jim
Jim
Just Looking
Johnson

I am living in a rented condo which is in ownership limbo due to a foreclosure the HOA has just asked me to

start paying HOA dues on a condo I do not own. They are threatening to put a lien on my property if I don't start paying. Is this legal

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Answers (4)
David Van Noy J…
David Van Noy J…
Real Estate Pro
66211
Tue Jul 1 2008, 15:04

It is legal for them to put a lien on the property, but you are not liable for the debt....don't pay it! good luck to you..

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Julia Huntsman
Julia Huntsman
Real Estate Pro
Long Beach
Tue Jul 1 2008, 14:46

Jim, the unpaid HOA dues are the responsibility of the owner of record, and the HOA cannot make you pay them because you're not legally a member of the association, you're a tenant. The Association will have to obtain the unpaid dues through their own process during the foreclosure, and it should be getting advice from Association attorneys. If you're not the owner of record, you don't owe the dues. But you should probably start looking for a new place to live as soon as possible.
Julia Huntsman
562-896-2609

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Macy Andrews
Macy Andrews
Real Estate Pro
Smyrna
Tue Jul 1 2008, 14:32

When liens are placed on a property-they have to be paid before a home can be sold. If the home is foreclosed on-the security deed or loan is in first position and essentially wipes out the lien. They can place a lien on the property, but since you do not own it, it should have no effect on you as a renter. If the condo is going to foreclose, the lien that would be placed would be wiped out after the foreclosure. I would say a bigger problem would be if the homeowner does lose the property to foreclosure-you will have to move out.

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Kim O'Casey
Kim O'Casey
Real Estate Pro
Syracuse
Tue Jul 1 2008, 14:20
FIRST ANSWER

Hi Jim! This is Kim O'Casey, Licensed Sales Executive in Syracuse, New York. Where do you live? Much of the law is determined by state and local law. How long have you lived there? What type of property do you own that they are threatening? How many units are in the condo community? What would you say the occupancy rate is in this community? I am very happy to help you with whatever I can. Thanks!

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