Problems between homeowner associations and tenants are as old as time itself. From maintenance issues to escalating monthly payments, there is always something to argue about with your homeowner’s board. The tenants have a contention that the board is lazy do-nothing slackers and the board is not very fond of the tenants either. Ironically, all the members of the board are of course tenants themselves. So this comes as no surprise that the number of HOA lawsuits had increased specifically for unpaid HOA dues.
From the first glance all of this issues are very simple and the majority of the lawsuits starts because the tenants, for one reason or another, decide to stop paying their dues. Some face dire financial situations, others simply use this as a tactic to get what they want from their association. Alas they quickly find out that it does not work to their benefit.
Property liens for unpaid homeowner association dues is the first line of defense for the associations. A lien will be placed on your property even before a lawsuit is filed. Oh, and yes, it is legal. Your CC&R’s (Covenants, Conditions and Restrictions) will confirm all of this. At this point the lien will remain on your property until the delinquent amount is satisfied, but for some people this is not a very persuasive argument to negotiate a payment. It is not until they are served with a lawsuit that they start thinking about a repayment plan.
Whenever faced with a case between a homeowner association and a tenant, there is always a way to resolve this issue and prevent a judgment. Remember, once a judgement is entered there is very little desire for the association to negotiate, since all they will have to do at that point is to garnish wages and levy bank accounts. However, prior to the judgment many deals can be struck.
