What is the goal of an HOA once they file a lawsuit against you for unpaid fees – to get their money or the property?
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What is the goal of an HOA once they file a lawsuit against you for unpaid fees – to get their money or the property?
Asked on July 16, 2011 under Real Estate Law, Florida
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The ulitmate goal by a homeowner's association in a lawsuit for unpaid fees concerning a home subject to the association's rules is simply get paid the money claimed owed.
Homeowner Associations are bound by rules, typically called covenants, conditions and restrictions ("CC & R's) that are usually recorded. Properties that have these covenants, conditions and restrictions recorded upon them are subject to the rules of the Homeowner's Association. You might ask to see a copy of the covenants, conditions and restrictions and read them concerning any dispute you may have with the association.
Usually the recorded covenants, conditions and restrictions allow the Homeowner's Associaiton to record a lien on a property subject to the association's rules if the property owner is not paying required fees such as monthly homeowner's dues.
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