Can my HOA come after me personally for dues, even after I go through a foreclosure?
If you were a condo owner in a community governed by a homeowners association (HOA) and your condo was sold at a foreclosure auction, you might think you’re off the hook for any delinquent payments to your HOA. Unfortunately, the fact that the bank, your lender, did go through with a foreclosure doesn’t necessarily mean your HOA received the delinquent association dues through the sale.
Today, as the market value for many properties has fallen, there often isn’t enough money “left over” to pay your HOA. Most associations have governing documents that allow them to collect from a property owner personally, after the home has been lost to a foreclosure.
Bottom line – don’t just ignore your association fees because you’re in active foreclosure. You could pay for it later.
Elena Rivkin Franz, attorney and counselor-at-law, is licensed to practice in all California court and the United State District Court of Northern California. During law school, she was a judicial extern for Judge James Ware of the Federal District Court in the San Jose Division.To lean more about Elena’s specialties of law, please view her profile under attorneys. If you would like to speak with Elena, please call 408-369-0800.