In Hawaii, it is sort of complicated. The HOA is guaranteed to get $3600 from the sale, through the bank or the homeowner. Any delinquent amount must be paid by the homeowner. If the owner is in a foreclosure or short sale, the HOA can go after the original homeowner with a deficiency judgment. If the bank owes HOA fees, the HOA can put a lien on them as well, and even foreclose on the bank.
Call me if you have more questions.
Frank Diaz (RA), MBA
This has become a nightmare issue down here in Florida. The HOAs are being extremely aggressive in filing liens, lawsuits and foreclosures against homeowners for back maintenance fees.
Scott Miller, Realty Associates, Boca Raton, FL