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Can an HOA force foreclosure?

On Behalf of | Apr 4, 2022 | Real Estate Disputes |

There are pros and cons to living in a homeowners’ association (HOA). The HOA can help to make sure the homes all conform, and the aesthetics of the neighborhood are pleasing. The neighborhood can come with some convenient amenities like a pool or tennis courts. They can even have a gated entrance with security and services to help maintain landscaping.

Unfortunately they also come with rules.

Lots of rules.

What happens if homeowners do not keep up with an HOA’s rules?

In some cases, these rules can be so overwhelming that it is hard for homeowners to keep up. A failure to abide by the rules can result in a notification of a violation and request to fix the issue. Take too long to address the issue and the homeowner could face a fine. Fail to pay the fine and the HOA could put a lien on your home.

This means, in extreme examples, the HOA could potentially push your home towards foreclosure.

Do HOA’s really push for foreclosure?

It seems rash because it is. Rash, but unfortunately not unheard of. In a recent example an HOA fined a homeowner for violation after violation. These were relatively minor and included a grease stain in the driveway and a rug on the back patio. The homeowner did not promptly pay off one of the fines and the HOA took them to court. In order to settle the matter, the HOA demanded the homeowner pay the attorney’s fees. A relatively small fine had ballooned to more than $15,000. They pushed for foreclosure.

Is this a problem in Florida?

These types of cases can happen here in Florida. HOA rules are a big deal in our state and impact over 67% of all Florida homeowners. Florida has an estimated 48,500 HOA communities providing housing for over 9.5 million people.

Those who are concerned their HOA may push for foreclosure have options. An attorney can review the situation and discuss resolutions that could work in your situation.