Simply put, yes they can. When you purchase a property in an association maintained community, you agree to adhere to all of the rules/regs, bylaws etc. Included in that agreement is to keep current on your association dues. If you do not, your breach of doing so can result in the association attaching a lien to the property or even foreclosing. It's somewhat similar to the way the county can foreclose if you don't pay your real estate tax.
Everyone agrees to pay their HOA dues when they buy a condo or townhome in an association, and you are legally bound by that agreement. If you fail to pay, the association will put a lien on the property (meaning they get paid when you sell) or it can lead to foreclosure if, as Susan states, you don't pay your real estate tax as well. Believe me, the government is going to get paid.
If you have no mortgage and cannot keep your HOA dues current, you might want to consult with an accountant or attorney to discuss your situation and options. You want to try and avoid foreclosure if at all possible.
Hope this helps.
Keller Williams, Eagan
Great question, but you really need to explore the specifics with an attorney.
The fact that you don't have a mortage is immaterial. If you don't pay your association, eventually they will get around to suing you and taking a lien against the property, I believe that they also then have the right to collect on that lien by foreclosing the property. It would be very expensive and unlikely, but if there was enough equity there, they might give it a shot.
Coldwell Banker Burnet
licensed MN Real Estate Broker
(Cal Civ Code sec 1367.4)
This gives the home owner the option to try to get the property back by buying it back for the amount of the lien, cost and other charges.
Both answers below are absolutely correct. This does happen in MN and generally it is in cases like yours where there is no mortgage. They are assured they will collect their past dues if that is the case. I have an attorney resource for you if you need an experienced real estate attorney to talk to. Please e-mail me and I will forward you the information.
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