Can an HOA collect after a mortgage foreclosure?

Q:  When there are past-due HOA assessments for a property, and a mortgage lender forecloses on the property and takes title, who can the HOA collect the unpaid HOA assessments from following the foreclosure? A:  This is a follow-up question from a column I wrote in 2015 that can be found here: https://carolinacommonelements.com/2015/05/01/after-foreclosure-who-pays-past-hoa-dues/ In a […]

To Pay or Not to Pay. . .

Q:  I live in a subdivision with recorded deed restrictions that address the use of the property, but the restrictions have no provisions for the establishment of an HOA, maintenance assessments, dues, or fines. The developers recorded a letter of authority to the HOA that states that the homeowners “may” join the HOA.  The HOA […]