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AaronA1 (Florida)
Posts: 3
Posted:
If i pay the homeowner HOA Fees can i own there house? And then can i Foreclosed on them and take over the house?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
No. Are you a renter? Florida does allow a renter to pay the dues to a HOA to avoid the HOA from foreclosing. Only state I know that does that. However, you can't foreclose for paying the dues. The HOA can or the bank.

I wouldn't pay the owner's HOA dues. It is their responsibility. Unless the HOA is going to foreclose if not paid, then no way does the renter need to pay the dues ever. I used to have rental property in a HOA and it's a tax break for the owner when dues are paid on rental NOT on ownership.

Former HOA President
AaronA1 (Florida)
Posts: 3
Posted:
I'am not a renter. The homeowners are walking away an i was wondering can i pay there fees and take over the house
if the HOA agree?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Again...No. It does not work that way. You can't assume title because you paid the dues. You have to be the owner and take ownership from the bank. You may try a short sale but still can't just assume. dues to take over.

Former HOA President
TimB4 (Tennessee)
Posts: 21,062
Posted:
If the owner walks away, the mortgage company will likely foreclose on their lien which will make them the owners.

If you pay the mortgage and/or HOA fees you will just be paying the landlords debt. They will thank you for it but you won't gain anything by doing it.
AaronA1 (Florida)
Posts: 3
Posted:
Thank you
CarolF (Florida)
Posts: 435
Posted:
Melissa - here is the FL statute related to tenants paying the HOA fees.(720.3085 (8)

(8)(a) If the parcel is occupied by a tenant and the parcel owner is delinquent in paying any monetary obligation due to the association, the association may demand that the tenant pay to the association the subsequent rental payments and continue to make such payments until all the monetary obligations of the parcel owner related to the parcel have been paid in full to the association and the association releases the tenant or until the tenant discontinues tenancy in the parcel.
1. The association must provide the tenant a notice, by hand delivery or United States mail, in substantially the following form:

Pursuant to section 720.3085(8), Florida Statutes, we demand that you make your rent payments directly to the homeowners’ association and continue doing so until the association notifies you otherwise.

Payment due the homeowners’ association may be in the same form as you paid your landlord and must be sent by United States mail or hand delivery to (full address) , payable to (name) .

Your obligation to pay your rent to the association begins immediately, unless you have already paid rent to your landlord for the current period before receiving this notice. In that case, you must provide the association written proof of your payment within 14 days after receiving this notice and your obligation to pay rent to the association would then begin with the next rental period.

Pursuant to section 720.3085(8), Florida Statutes, your payment of rent to the association gives you complete immunity from any claim for the rent by your landlord.
2. A tenant is immune from any claim by the parcel owner related to the rent timely paid to the association after the association has made written demand.
(b) If the tenant paid rent to the landlord or parcel owner for a given rental period before receiving the demand from the association and provides written evidence to the association of having paid the rent within 14 days after receiving the demand, the tenant shall begin making rental payments to the association for the following rental period and shall continue making rental payments to the association to be credited against the monetary obligations of the parcel owner until the association releases the tenant or the tenant discontinues tenancy in the unit. The association shall, upon request, provide the tenant with written receipts for payments made. The association shall mail written notice to the parcel owner of the association’s demand that the tenant pay monetary obligations to the association.
(c) The liability of the tenant may not exceed the amount due from the tenant to the tenant’s landlord. The tenant shall be given a credit against rents due to the landlord in the amount of assessments paid to the association.
(d) The association may issue notice under s. 83.56 and sue for eviction under ss. 83.59-83.625 as if the association were a landlord under part II of chapter 83 if the tenant fails to pay a monetary obligation. However, the association is not otherwise considered a landlord under chapter 83 and specifically has no obligations under s. 83.51.
(e) The tenant does not, by virtue of payment of monetary obligations, have any of the rights of a parcel owner to vote in any election or to examine the books and records of the association.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Aaron,

At an HOA foreclosure auction could be your opportunity to purchase a house for the cost of the defaulted HOA dues, but that's making a lot of assumptions.

Mainly, you buy the house cheaply but inherit all the other liens (like the big 1st lien from the mortgage lender, tax liens, etc), which means you're really buying a huge debt for which you'll need a new loan....if you qualify and IF the property has enough equity to get you a loan for the amount of money you need.

This is very high risk real estate strategy and I'd never personally do it.

NOTE: I'm not a lawyer or realtor. Consult your own professionals.

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