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Can My Homeowners Association (HOA) Foreclose On My Home?

          The answer is yes, if you have been delinquent in payment of your HOA assessments for one (1) year, or the amount of unpaid assessments is at least $1,200.00, whichever occurs first.[i] If your HOA chooses to foreclose upon your home it must file a civil action in the superior court of the county where the property is located. Because a foreclosure action requires the filing of a court action, you have the right to defend in that action, if you believe the HOA is incorrect for any reason it is pursuing the foreclosure of your home.

          If your HOA does file a foreclosure action against your home, it can be awarded its court fees, costs, and reasonable attorney fees incurred in that litigation. The fees, costs, and attorney fees of a foreclosure action will likely exceed the amount of the unpaid assessments due the HOA and being foreclosed against your property. Once a foreclosure action has been instituted by your HOA, you can still try and arrange a settlement of its claims by making repayment arrangements with the HOA. You also have a right to pay the unpaid assessments in full plus the fees, costs, and attorney fees incurred by your HOA in the foreclosure action.
            If you still want to keep your property, and have been unable to resolve your issues with the HOA, you can file a Chapter 13 bankruptcy reorganization to stop the foreclosure of your property.
          A Chapter 13 bankruptcy reorganization stops the filed civil action for foreclosure from going through, gives you up to five (5) years to catch-up the missed HOA assessments, fees and costs, and allows you to resume monthly/quarterly assessment payments to your HOA during that period. You do have to have a regular monthly income, sufficient to allow curing the missed assessments, fees and costs over time, for this to work.
          David Allegrucci has represented clients in filing Chapter 13 bankruptcy proceedings since 1987. As such we are a debt relief agency assisting people in filing for bankruptcy.  

[i] A.R.S. §33-1807(A)

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