GASTONIA, N.C. — 1776 Gastonia, a new community for residents 55 and older, will require residents to always fly the American flag in front of their homes.
After verifying that this rule is allowed by an HOA, some people started asking what else they can do.
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The question today: Can a homeowners association foreclose on a home if the fees go unpaid?
OUR SOURCES
Mike Hunter, HOA Attorney with Kirk Palmer and Thingpen
THE ANSWER
Yes, the homeowner’s association can foreclose on a home if the assessments go unpaid.
WHAT WE FOUND
North Carolina law writes that any lot assessment that remains unpaid for 30 days or more allows for a lien on that lot. A lien allows for the property to be re-possessed until the debt is paid.
“The first step is filing a lien and that lien is sent to the homeowner and if you don’t pay the HOA may foreclose,” Hunter said.
However, there are a lot of steps to take before your home is at risk of being foreclosed. Homeowners will be given notices or can defend their position in court hearings.
Hunter tells us that homeowners can work out a payment plan with the association at any point during this process.
“The sale is a last resort, and a very small percentage of the homes end up going for sale,” he said.
Hunter’s biggest piece of advice to avoid all of this was to stay on top of payments.
“The worst thing you can do is ignore it,” he said. “Because if you do, the process is going to start…get ahead of the problem.”
Even though there are many steps to be taken before, the HOA is able to foreclose on a home if the owner’s fees go unpaid.
Contact Meghan Bragg at mbragg@wcnc.com and follow her on Facebook, Twitter and Instagram.
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