The Weaver Law Firm

Houston 713.454.7875

san antonio 210.807.8932

A lien is the first step toward a condominium foreclosure

If you've decided to live in a condominium, one of the things you may know is that the homeowners' association has the right to make rules and regulations for the condos in their development. Homeowners' associations manage entire communities in some cases, taking care of building maintenance, repairs in common areas and even lawn care.

While individual condo owners pay a fee for these services, one thing some people don't count on is the risk of being kicked out for doing something against the homeowners' association's wishes. Depending on the kind of transgression, the homeowners' association may be able to penalize you with fines, eviction or foreclosure, depending on the severity of the situation and your willingness, or lack thereof, to conform to their wishes.

What acts could lead to foreclosure?

Foreclosure is possible if you fall behind on homeowners' association fees, for one example. A lien could be placed on the condo, so it's important to stay up-to-date on your payments.

If you are renting a condo, you're more likely to be quickly evicted if you don't obey the HOA's requirements. Violating any rules could lead to eviction if you fail to adjust or comply to the changes asked of you. Unlike with delinquent owners, the process for an eviction is relatively fast.

In the case of a delinquent owner, the HOA has to file a lawsuit before it can proceed with a foreclosure. Once you know a lawsuit is pending, you can take your case to your attorney to begin looking at ways to defend yourself. A lien is generally needed before the HOA can begin an eviction or foreclosure, so if you do not have a notice of a lien but have received a notice of a foreclosure, that may be a good place to start when looking at ways to win your case against the HOA.

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