Can HOA fees really stop a real estate closing from taking place? Yes; HOAs in Florida are known to attach liens and other unpleasant items that become encumbrances on title for various reasons, and they are known to prevent closings from happening. This is frustrating to say the least, and it places an undue burden on the housing market of the Sunshine State.
HOA liens have become a sad reality for many communities in Palm Beach County and across the state. This has become a prominent issue since the bursting of the housing bubble and the avalanche of foreclosures that started circa 2007. Unpaid HOA fees quickly depleted the coffers of many gated communities and condominiums; this turned into problems with trash collection, landscaping, exterior maintenance, and even cable TV service. As a result, many HOAs began to file liens on abandoned and foreclosed properties.
Now that real estate activity is once again picking up, some home buyers are finding out that these unpaid HOA fees can get in the way of a smooth closing. Here are some examples:
-The previous owner accrued significant HOA fees that are still outstanding.
-The HOA is involved in a lawsuit that affects the subject property.
-The HOA took out a loan that was not paid.
-The HOA hired a contractor who in turn filed a mechanic’s lien when payment was not received.
The HOA does not want to reduce the lien amount to one percent of the mortgage of 12 months of regular assessments, which is a provision of the statutes governing condominiums and HOAs in Florida.
The encumbrances above are not always absolute. Some mortgage lenders employ title curative teams to work with HOA attorneys, and home buyers can retain a Boca Raton attorney to help them remedy the situation so that the closing can proceed. If you are looking for an experienced Boca Raton attorney that can help with any complications that may arise in your home closing contact the Law offices of Kristen Coomber.