HOA Threatening to Foreclose - Need Advice

[magtwo]

What is the name of your state (only U.S. law)? CA

I own a condo. My husband recently passed away after a long illness. My HOA fees are up to date, as are my mortgage payments.

The HOA recently completed re-roofing all units, and I have received a property tax assessment for $2,500, which I cannot afford on my salary alone.

Last night I received a letter from an attorney for the HOA addressed to my husband and me, demanding payment and threatening to foreclose on me.

Can they do that? It seems to me that the most a HOA would be able to do is place a lien, but maybe I am mistaken.

Any advice would be appreciated.

[JETX]

Originally Posted by magtwo

Last night I received a letter from an attorney for the HOA addressed to my husband and me, demanding payment and threatening to foreclose on me.

Can they do that? It seems to me that the most a HOA would be able to do is place a lien, but maybe I am mistaken.

Yes, an HOA can force foreclosure for failure to pay a valid debt. This is covered under California Civil Code, Section 1367 and can be found online at:
[url=http://caselaw.lp.findlaw.com/cacodes/civ/1366-1367.5.html]CALIFORNIA CIVIL CODE SECTION 1366-1367.5[/url]

[libra58]

If You are bound by Your C&R's for the assessment *and no other procedure is required prior to foreclosure*, I would contact the board of the HOA & see if they will work with You, I would do this asap, before legal fees & fines begin to compound. If they are not aware that Your Husband is deceased, perhaps(?)they would be sympathetic towards the hardship this places on You and would agree to allow this assessment to be paid in installments..If they are willing and You enter into an alternative pmt. plan...get the agreement in writing. I wish You luck as well as, condolences for the recent loss of Your Husband.