Can a Homeowners Association (HOA) impose a lien on a property and proceed with foreclosure?

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Homeowners Associations (HOAs) have the authority to impose liens on properties within their jurisdiction, particularly for unpaid assessments, dues, or fines related to the property. When a homeowner fails to pay these dues, the HOA can initiate foreclosure proceedings on the lien it has placed on the property. This capability serves as a means for the HOA to enforce its rules and collect the necessary funds to maintain the community and its shared amenities.

This power typically arises from state laws governing property and the governing documents of the HOA (such as the declaration and bylaws). Many states allow HOAs to pursue foreclosure as a way to recover unpaid dues, similar to how a lender can foreclose for non-payment of a mortgage. Therefore, the assertion that HOAs can impose a lien and proceed with foreclosure is valid and supported by legal frameworks in numerous states.

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