When Homeowner Associations Can Actually Foreclose And What You Can Do (Even If You’re Behind On Fees)
For many Ohio homeowners, the idea of losing a home over past-due association fees seems unthinkable. After all, most people associate foreclosure with missed mortgage payments, not unpaid dues to a condo or homeowner association. But in Ohio, HOA and condo associations do have the legal authority to initiate a foreclosure, and they use it more often than most folks realize. Understanding when they can act, how the process works, and what rights you have can make the difference between resolving the issue and facing unnecessary financial stress.
When can a homeowner’s association foreclose?
In Ohio, homeowner associations (HOAs) have the legal authority — granted by state law and their own governing documents — to collect unpaid dues from homeowners. If those dues go unpaid for too long, the association can place a lien on the property. And once that lien is officially recorded, the HOA has the right to move forward with foreclosure, even if your mortgage payments are up to date.
Foreclosure is typically a last resort, but HOAs can choose that route when:
- Dues or assessments have gone unpaid for several months
- The total amount owed has grown due to late fees, interest, or fines
- A lien has already been filed in accordance with the community’s rules
- The homeowner hasn’t responded to notices or offers for a payment plan
It’s important to know that not all HOAs handle things the same way. Some communities have stricter or faster-moving enforcement policies than others. That’s why it’s so important to review your association’s bylaws and declarations carefully. They spell out how and when the HOA can take steps to collect overdue payments.
How HOA foreclosure works
In Ohio, when an HOA moves forward with foreclosure, the process can be similar to a mortgage foreclosure, but it often happens more quickly. Once the association files a lien for unpaid dues, they can take the next step by filing a foreclosure complaint in court. From there, things can escalate through a legal process that can result in:
- A court ruling against the homeowner
- The property being sold at a sheriff’s sale
- The overdue dues being paid from the sale proceeds
What many homeowners don’t realize is that an HOA foreclosure can put your home at risk, even if you’re completely current on your mortgage. Unfortunately, some people aren’t fully aware of how serious things have gotten until they receive official notice that a foreclosure lawsuit has been filed.
Talk to a Columbus, OH, Foreclosure Defense Lawyer Today
Kohl & Cook Law Firm, LLC, represents the interests of Columbus residents who are fighting a foreclosure. Call our Columbus foreclosure defense lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
