Can HOA Evict Before FC Sheriffs Sale?

[ryan]

Aside from CC problems, I'm also in FC with BofA...

...was served with summons about a month ago (which I answered).. Just had a lawyer tell me that my unpaid HOA dues entitles the HOA to file an eviction action (much like as if it was a 'rental' and I was a 'tenant')
and force me out for the unpaid dues, irrespective of what the first mortgage lender is doing.

Since my desire is to stay in the house as long as possible, has anyone ever heard of this happening? I'm in IL, btw.

[justbroke]

I have never heard of that. Probably need to read your HOA Rider and your HOA covenants. I don't think they can evict you unless and until they actually foreclose due to the non-payment of fees and dues.

Now, HOAs may have some rights against your tenants, based on the Covenants that you agree to, but they can't evict an owner. This is why most HOAs require that if you rent your home, they have to approve the person as well, and probably make the renter sign some rider to the lease giving them this power.

However, you can't be evicted from your own home (that you own), as far as I know... even in Florida.

[limage]

The HOA would have to foreclose on you, and then they could evict you. They can probably get it done faster than a bank, but still have to follow the foreclosure process for your state. My HOA is doing this to me.

[ryan]

Well they say you learn something new everyday....

Apparently in Illinois there is a rather unique provision that allows HOA's to move for a quick eviction for unpaid HOA dues. There are strict rules they must follow and it can drag out for months, but can be accomplished sooner than a bank FC.

from the Illinois Legal Aid. org:

"A condominium owner can be evicted for not paying their monthly assessment. If evicted, they don’t lose ownership of the unit, but do lose the right to live there."

Evicting for non-payment of condo assessments is very like evicting a regular apartment tenant for non-payment of rent. The two main differences are that a condo owner gets a 30-day (instead of a 5-day) notice before an eviction case gets filed in court, and then gets from 60 to 180 days after an eviction judgment is entered to pay up. Apartment tenants get no chance to pay and stay if a judgment is entered against them.

The 30-day notice starts the eviction process by stating the amount owed, and giving 30 days to pay.

If that doesn’t produce full payment, the second step is filing an eviction case in court. If the condo association prevails, they get a judgment for possession against the condo owner. But that judgment is “stayed”—it can’t be enforced—for 60 to 180 days.

If the owner pays up (including court costs and attorney fees), the judgment is vacated. Things return to normal as if nothing happened.

But if the owner doesn’t pay by the deadline set in the stay, the sheriff can remove them. They still own their unit, but can’t live there anymore. "


and on condoassociation.com a poster wrote:

"...In Illinois, the board can have the unit owner evicted, take over the unit, fix it up if needed at the owners expense, and rent it out to collect the unpaid assessments of the owner. As soon as the debt is caught up, the owner can go back into thier unit. Of course there are notices that need to be given, and court appearances involved. We were within 2 weeks of eviction when the owner did finally pay. It took about 6 months to go from placing a lien to eviction."

[justbroke]

That's for a condominium. How about a home (SFH, Duplex, townhouse or other type) that's under a Homeowner's Association (HOA) not a Condominium Association? I can see this in a condominium, as it's an owner-driven apartment building, albeit supposedly luxury. (Yes, I've seen condominiums in (south) Miami Beach with huge price tags and they are disgusting looking!)

You see, in a condominium, building, as assessment is something totally different and is used to operate the condominium. Besides you use common spaces in a condominium and this assessment deals with that as well as common items (which could include heat and hot water). My friends pays over $1,400/month in condo "assessment" fees wehre she lives! That's on top of her mortgage payments!

[ryan]

Its not clear to me JustBroke.... the unit I own looks from all appearances like a 'Townhouse'. private entrances, attached garages, back yard areas.
But the survey does not indicate any specific lot size or measurements. Owners merely own X % of the total property.

And the assoc fee only covers exterior maintenance like, grass cutting, snow removal etc. Its NOT for any heat, water, refuse pickup etc. Fee is only 130 per month.
I'm still trying to dig out my original condo papers.

[keepinitreal]

Would it be advantageous for you to catch up on your HOA fees so you could remain until the bank becomes the new owner and forces you to move?

[ryan]

Would it be advantageous for you to catch up on your HOA fees so you could remain until the bank becomes the new owner and forces you to move?

Yes. That is what I'm apparently going to have to do.

[taketime]

Hello - this thread is of particular interest to me, and helpful too. I now know that I have to keep my association dues current in order to stay in the condo. I have decided to let my condo go because of my unemployment/underemployment status, and I certainly want to stay here as long as I can.

Thanks for the dialogue. I'm learning a lot from this forum!

[confident]

Thank you for this enlightening forum. I am in CA. We had stopped paying HOA in May/Jun 09, received a copy of the lien recorded against our home in Nov 09, and now received a letter from the HOA lawyer stating their request to "meet to resolve the dispute", and that he has been instructed to file an action against us in Superior Court to foreclose on this lien within 30 days unless all is paid.

At this point and reading this thread so far, it seems it is in our interest to stall this foreclosure, but at the same time we do not have the funds they need to bring us to current.

I wonder if simply paying this month's fee will help even a little to slow things down? We are currently in a financial position where we can resume paying the HOA monthly going forward, anyway.

Thank you for any and all comments. I really appreciate reading through everyone's experiences.

[DGranny]

QUESTION: Filed BK 9-10-09, Discharged 2-10-10. I listed the HOA dues that I haven't paid since 01-09 in the BK. IF I retain my home (or even if I don't), am I obligated to pay the 'back' HOA dues or just the dues going forward, i.e., from 3-1-10 on?
Thanx for any response. DGranny

[justbroke]

Yes you are obligated because they'll file a lien against your home (if they don't already have a statutory lien) and then will foreclose on the property. Please know that in most States, no one has more power to foreclose than an HOA. They are fast and swift and can usually foreclose within 30 days.

The key is, whether the prior HOA dues/fees were statutory or already recorded liens on the property.

[confident]

Just an update to my previous thread: we did end up paying month to month thereon, and we have not heard back from the HOA nor the lawyer. It legally does not mean anything, but it seems to have slowed things down.

[StartingOver08]

Its not clear to me JustBroke.... the unit I own looks from all appearances like a 'Townhouse'. private entrances, attached garages, back yard areas.
But the survey does not indicate any specific lot size or measurements. Owners merely own X % of the total property.

And the assoc fee only covers exterior maintenance like, grass cutting, snow removal etc. Its NOT for any heat, water, refuse pickup etc. Fee is only 130 per month.
I'm still trying to dig out my original condo papers.

Ryan, the best way to tell if your property is a Condominum or a HOA is by looking at the actual Condo/HOA documents you received when you purchased. Those documents include the Declaration of Covenants and Restrictions, Rules and Regulations, By-Laws and Articles of Incorporation. They will specify the type of community in which you have purchased a unit. As an alternative, the full legal description on your deed will also specify if you have a condominum. You can not tell by "looking" at the property. There are condominiums that look like townhomes or even SFH's in some instances.

If you can not find your documents, your association has a complete master set from which you can get a copy. Also, the documents are recorded, you can look up the documents in your county and download a copy if you prefer.