HOA fees and foreclosure

What is the name of your state (only U.S. law)? Florida
Can a HOA foreclose on a house for non-payment of dues? My son bought a house outright with inheritence from his father's death. He lost his job shortly after. He finally got a job, but was involved in a sertous accident in the company truck. he is now on work comp & has not been given the OK to return to work yet. He has custody of his daughter & has a child on the way and just received a summons that a lawsuit has been filed by the HOA to collect fees in the amount of $3000.00. He cannot afford an attorney and has 20 days to respond. Do you have any advice? can the HOA foreclose on his home?

katmaguire said:

What is the name of your state (only U.S. law)? Florida
Can a HOA foreclose on a house for non-payment of dues? My son bought a house outright with inheritence from his father's death. He lost his job shortly after. He finally got a job, but was involved in a sertous accident in the company truck. he is now on work comp & has not been given the OK to return to work yet. He has custody of his daughter & has a child on the way and just received a summons that a lawsuit has been filed by the HOA to collect fees in the amount of $3000.00. He cannot afford an attorney and has 20 days to respond. Do you have any advice? can the HOA foreclose on his home?

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Maybe you could loan your son $3k?

can the HOA foreclose on his home?

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Probably yes. read the HOA bylaws for more details.

If he owns the home outright, then perhaps he should get a home equity loan to pay off the $3000 asap. Had he been in contact with the HOA before the filing of the suit to try to work out payment plan?

I would love to loan him the 3K, but I work in social services and do not have it! No, unfortunately he chose to ignore the problem until it was this big. I don't know if he can get a home equity loan without a job, but we could try. Thanks. Can they foreclose?

Can they foreclose?

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Probably yes. read the HOA bylaws for more details.

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It happens all of the time. Houses worth over $300K get foreclosed on because of $1000 in unpaid HOA dues. But we cannot say for sure unless an attorney looks at the HOA documents and determines whether they have that right.

But as a hint, the HOA already has a lawyer and is already starting foreclosure proceedings. That should be your clue that its time to get the $3K and beg them to drop the suit.

Thank you.