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AnnR3 (Arizona)
Posts: 1
Posted:
Our association has 3 owners who do not pay their dues, which a lien has been recorded, and they continue to violate the bylaws. The fines and dues go unpaid. Is there anything that can be done in Arizona besides foreclosing on the property?
TimB4 (Tennessee)
Posts: 21,062
Posted:
Seek the advice of an attorney. You may be able to determine bank accounts and places of employment.
Once this is known, you might be able to petition a court to garnish wages and/or seize other assets (like the bank account) to satisfy the debt.

However, if they aren't paying the Association and they aren't following the Covenants, the Association would probably do better to foreclose on the lien. The Association likely won't see much money from the foreclosure (as the mortgage will supersede the Associations lien, but once the unit is sold, the Association will start collecting money from that point on.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Ann,

If ever there was an association in need of competent legal advice, yours is it. It is ironic that you complain that 3 of your members are not following the association's rules while you seem to be totally unaware of the statutes governing your association.

In a nutshell, the law does not require you to record a lien for assessments as it already exists. You cannot foreclose over fines. You cannot lawfully record a lien for unpaid fines unless you have obtained a judgment. Bylaws are rules for how the association operates, not how members behave.

Find an attorney. Find a management company. Do not handle the situations you described yourself.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
Since Larry lives in Arizona he carries the best torch for that state on here. Each state is different. A lien or foreclosure can't be put in place for fines. It is for unpaid assessments/late fees only in most states. Your HOA can charge interest on top of this and the legal costs associated with filing the lien/foreclosure.

Your best bet for your HOA is to have a policy in place that is understood by ALL membership. We had a policy of 6 months of unpaid dues, we would place a lien. Since we collected monthly it gave time for people to catch up, make payments, or establish they weren't going to pay. After a year would would decide to foreclose or not. However, foreclosing by a HOA is a stop the bleeding measure and NOT a money making one. The HOA does NOT want to own the home. Plus doing the foreclosure does the work of the bank who would get paid first no matter what. So it's best not to pursue foreclosure proceedings against a home the bank may be in the process of foreclosing themselves. Just make sure there is a lien on it and the owners know about it.

My advice is to AVOID small claims court. It really not that much benefit. Your HOA may get a judgement but that doesn't go against the property. The owner can sell their property and move. If you want to garnish wages or other options, you would have to have their social security number. Which is NOT required for them to give. It wouldn't even be on the court documents. So it would be difficult to pursue the court's judgement even if you were to win one. A lien is stronger as they can't sell until paid off.

A foreclosure stops as soon as the owner pays the money owed. So it is okay to threaten a foreclosure to get their attention. It is with the understanding that they pay up the HOA will stop the process. That's usually enough to get them to pay up. If not, then you have another situation on your hands and will have to deal with that individually like all cases.

It's time to educate yourselves and read your documents. It is all in there.

Former HOA President
TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By MelissaP1 on 02/17/2013 4:44 AM

So it is okay to threaten a foreclosure to get their attention.

In my opinion, the Association should make no threats they aren't willing to follow through on.
Otherwise the member and/or membership may get the perception that the Association won't do anything.

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