Question:
Many residents in the subdivision plat I live in didn’t even know there was an unincorporated HOA. This unincorporated HOA don’t fulfill their responsibility obligations in a timely manner. Like patching pot holes while they are small instead they let them get bigger and cause more problems for community and their vehicles. What, if any, time frame does the HOA have to fulfill these obligations? Can an unincorporated HOA file leins? Can unincorporated HOAs foreclose on the properties?
Answer:
Hi,
Kindly check the governing documents to verify whether the HOA must fulfill certain maintenance duties within a certain time frame. If the documents are silent, the residents may simply raise their concerns and complaints with the HOA board. The board has a fiduciary duty to the community and must fulfill the HOA’s maintenance obligations. Kindly remind them by contacting them directly or bring these up at a board meeting. If the board refuses to cooperate, you may opt to remove the problem board member(s) according to the procedure outlined in the bylaws.
Here is a resource you might find helpful: https://www.hoamanagement.com/
As for liens and foreclosures, unincorporated HOAs are generally allowed to file liens and foreclose property to collect debts from delinquent homeowners. However, this is usually used as a last resort to collect payments. The governing documents might also contain provisions outlining when HOAs can place liens and foreclose homes. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
