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Real Estate Legal Question - Home owner dues on a house owner by real estate company

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DeacOnCapeCod

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A quick and probably pretty easy question for any real estate lawyers in NC...
About a year ago, one of our houses in our sub-division was bought by a Real Estate LLC out of Texas. Currently, I am not sure if it is renting (I walk/drive by it every day and have seen a person in it/lights on, about 4 times in the last 6 months). At our home owners association meeting recently, I found out that they have not collected any home owner's dues from them at all.

Can our home owner's association collect any dues on this property from this company? Will they actually pay it?

thanks in advance

DeacOnCapeCod
(now glorious Fletcher, NC)
 
All lot/unit owners have to pay dues. They are not exempt because they are an LLC. Nor due to the fact that they are out of State.

Yes...your Assoc. can collect dues from them and foreclosure if they fail to pay them.
 
HOA's can foreclose on a property for failure to pay dues.
 
Although those answers are technically correct, from a practical standpoint the lien of the HOA is most likely behind the mortgage of the owner. Although the HOA can foreclose the lien for dues and assessments, unless there is significant equity in the property they are unlikely to realize anything from the foreclosure in terms of recouping those unpaid amounts. Not saying they shouldn't attempt to collect and even ultimately foreclose, just that it's likely going to come at a net cost to the HOA.
 
Thanks for the input. Honestly our hoa is really low key but realized they wanted to pave our private road which significantly raised our dues. They were completely perplexed when the house sold and said they "couldn't figure out" who owns it: it took me 90 seconds on the county's website to find this information. I'm hoping something official from our hoa via a certified letter will get the money.
 
Is it possible to file a lien on the property? At least that way you'd get paid eventually.
 
DeaconCav06 said:
But by foreclosing the HOA can get a dues paying member into the property.
Click to expand...

Oh, absolutely. That's the only real benefit in most cases. I was just pointing out that it will (most likely) come at a net cost to the HOA (i.e. the foreclosure doesn't mean they will actually recover the unpaid due and assessments, in most cases, and they will have costs to conduct the foreclosure). In my experience, that's a surprise to most folks when you explain the process.
 
Right. The cases I've seen it has been when we have an estate and there are no assets or the condo is underwater and so they don't do anything so the HOA comes in as a third party creditor and opens an estate to foreclose on the condo so it can be sold to a new person that will make the payments.
 
DeacOnCapeCod said:
Thanks for the input. Honestly our hoa is really low key but realized they wanted to pave our private road which significantly raised our dues. They were completely perplexed when the house sold and said they "couldn't figure out" who owns it: it took me 90 seconds on the county's website to find this information. I'm hoping something official from our hoa via a certified letter will get the money.
Click to expand...

So did your HOA get the dues ?
 
I like how an HOA can just decide to pave a road and raise HOA dues out the ass unilaterally.

So glad I don't have to deal with that shit.
 
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