can homeowner's associations foreclose in Hawaii?

Asked by Jean, Hawaii Kai, Honolulu, HI Mon Nov 1, 2010

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Ron Margolis, Agent, Lihue, HI
Mon Nov 1, 2010
The AOAO ( home owner's association) wil foreclose usually for $1, then rent the condo out to recoup lost maintenance fees until such time as the first position lender pursues their foreclosure rights. If you are a buyer in a short sale, you may be responsible for the some of those delinquent fees. The delinquent fees are something that must be negotiated in a short sale. HTH
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Frank Diaz, Agent, Honolulu, HI
Mon Nov 1, 2010
Yes, it happens all the time. For many HOAs the procedure is:
1. 60 days late a letter goes out
2. 90 days a late a lien is filed
3. 120 days late, forclosure action is started

Call or email if you have any questions.
0 votes
Audrey Hutton, Agent, Kailua, HI
Mon Nov 1, 2010
Yes they can if the owner does not pay their maintenance fees or association fees. They usually will give notice and then file a Non-Judicial Foreclosure. A Non-Judicial foreclosure can take just months to foreclose. I know of a elder lady who did not know this and lost her Aiea townhome only owing $75,000 on her place. The place was worth at that time over $400,000. She ignored the letters from the association and kept on paying her mortgage but not the association dues. The association foreclosed on her.

Another story a high school friend of mine posted that she could not find a job and was behind on their mortgage. I asked if she had been paying her association dues. She was not. I told her to immediately work with the association so they do not foreclose. She has a job now and is currently paying down her back payments owed to the association. All is well with her.
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Big Rock Inv…, , Honolulu, HI
Mon Nov 1, 2010
Possibly. You should read your HOA docs. Most likely they will place a lien on the property instead that has to be paid off before title can be passed. If the lien is not satisfied by a certain date, the HOA will seek a judgment against the owner.
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