HOA Liens

Started by AmandaW2 • 3 replies • 1361 views

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AmandaW2 (Oklahoma)
Posts: 1

Posted:

We are in the middle of a short sale on our rent house. We were never aware there was a HOA formed in our neighborhood after we moved. We have been paying on it for the last 5 months and are all caught up except the 900$ in late fees that were accrued. Our bank will not pay this and we do not have the money. Will an HOA waive those fees so we can sell our house? I cannot get anyone to answer me that is with the HOA.

LauraR5 (Tennessee)
Posts: 220

Posted:

An HOA can waive late fees and collection fees, but they can never waive assessments. It can't hurt to ask them, but they don't have to do it, and it does have to be paid before you can transfer the title.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Cant make a deal? Tell the seller the house cost another $900 to be paid to the HOA at closing.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

The HOA should be able to waive the late fees. They can't waive of course the assessments/dues portion. You may get lucky to have them waive any legal collection fees but most likely unlikely.

Does the HOA have a lien on your property? If not you may get lucky and sell the property before they take that step. Considering if it is just late fees accrued they may not be able to lien for just late fees. It depends on how they apply those. It will also depend on how their lien policy works. We liened at 6 months behind. Many HOA's just get to it when they get to it.

Did you know your assessments you paid while you used your property as rental are tax deductible? This may help on your tax filings to get you some money back. This is ONLY when the house was RENTAL and not when you resided in it. Hope that information helps you some. Just hurry to make the sale and keep it hush-hush from the HOA if you can if there has been no official filing of a lien/collections. Bad advice for the HOA but good advice for those in your situation who need to sell.

Former HOA President

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