Home Insurance in Portland>Question Details

Joe, Home Owner in Portland, OR

Own a condo in Portland, OR. 5 months past due on HOA fees. Property was vacated for 3 of those months. Do I still have to pay for those 3 months?

Asked by Joe, Portland, OR Tue Feb 22, 2011

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12
Yes you do. Even if the property is vacant, you still need to pay the HOA fees to keep the building itself maintained as well as other expenses such as insurance, trash, etc. If you do not pay your HOA fees the association can foreclose on your property the same as a lender! Beware!
0 votes Thank Flag Link Tue Feb 22, 2011
Thank you all for your thorough answers, much appreciated!

Joe
0 votes Thank Flag Link Tue Feb 22, 2011
Yes Joe you do. HOA are based on ownership not occupancy.
Hopefully, this answered you question
Shay Roeper
0 votes Thank Flag Link Tue Feb 22, 2011
Yes you do still have to pay for those months. Just because you are not there does not mean payments stop. If you are having financial difficulties - it may be best for you to talk with the assoc. and see if you can spread out the payments missed - adding them to the existing payments you must continue to make. I hope all goes well for you.
0 votes Thank Flag Link Tue Feb 22, 2011
Just like the mortgage, Joe, just like the mortgage.

The biggest part of condominium budgets are utilities, insurance, and building up the reserve fund - things that don't just stop for a condo association. So regardless of the reason for vacating - whether there was damage to your unit from a flood upstairs, or whatever - your HOA dues are still due.

All the best,
0 votes Thank Flag Link Tue Feb 22, 2011
J: I presently reside in a condo and have owned several and you've got good answers here. I agree with Spirit that many associations are willing to work with their members on getting current (with payment plans, etc). I just wanted to mention that HOA dues are not in any way connected to whether the condo is occupied or not. Even your mortgage documents mention the obligation to stay current on your HOA dues. It is a possible lien against the property. I wish you the best.
Janeese Jackson, Principal Broker
Real Estate Resource
jj@janeesejackson.com
Web Reference: http://fabulousportland.com
0 votes Thank Flag Link Tue Feb 22, 2011
Cal the HOA and see if they are willing to work with you, most will not and you will need to pay the dues. A lot of home owners tend to "blow off" HOA, in that they dont take them seriously. If you dont pay, they can file lien against the property and they will get paid if or when you sell, plus fees. I would call, explain what happened and see if they will work out some sort of payment plan and be done with it, before it gets worse. Just my opinion but I have see a lot of HOA take a small fee and turn it into something much bigger with late fees and etc.

Best of luck.
Spirit
0 votes Thank Flag Link Tue Feb 22, 2011
The HOA dues will follow the property if left unpaid, so yes the fees are the responsibility of the property owner. Even in a foreclosure proceeding the HOA fees need to be paid or negotiated with the Association separately.
0 votes Thank Flag Link Tue Feb 22, 2011
Hi Joe,
I am not an attorney but I believe the HOA has the power to take action against you. If you are walking way from the condo I believe the HOA can take suit against you until it legally transfered back to the bank or out of your name.
0 votes Thank Flag Link Tue Feb 22, 2011
Yes. The homeowner association assessments are not optional. They are like taxes and are owed whether or not you live in the property. There is a misconception that they are like membership dues; optional. They are not. They are mandatory. If the HOA assessments go unpaid the HOA can choose to place a lien on the property and/or place a judgement against you. It is best to make sure that you stay current on your HOA assessments.
0 votes Thank Flag Link Tue Feb 22, 2011
Hi Joe,
Unfortunately as long as you own the condo, whether you vacated or not, you're obligated to pay the dues. I don't know your particular situation of course or your HOA rules but you would have received a copy when you bought. Just be aware that most homeowners associations are very serious about dues. I've known many surprised people who were threatened with foreclosure when they were late, and they do have that right if they put a lien on your home. and they will! best to either pay it or if you really feel you have a case for not owing it for some reason, contact an attorney. I'm not exactly sure what you mean by "vacated" but if you've abandoned the property and letting it go to foreclosure, the HOA will likely be a lien. Of course your mortgage holder will probably in first position. I don't think they can come after you personally if it's foreclosed but again an attorney would be your best source for what your options are, and as a Realtor I can't give you legal advice.
best to you
Marge
0 votes Thank Flag Link Tue Feb 22, 2011
Joe,

Hi there Joe,

it is your responsibility to pay the Home Owner Association(HOA) dues as the part of the original Purchase Agreement. Vacancies are not the responsibility of the HOA. If you do not pay your HOA dues, they can force foreclosure upon you just as any lien holder can. Be careful.
I would suggest that you make payment arrangements to get current to remain in good standing.

Good luck,

Paul Muñoz
Broker/ Owner of FREEMANFOXX REALTY
626.755.8800
Web Reference: http://freemanfoxx.com
0 votes Thank Flag Link Tue Feb 22, 2011
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