Legal Question in Real Estate Law in Texas

HOA past dues

Our home has some serious foundation problems that the builder has acknowleged and is preparing to repair. We had to move from our home into an apartment and could not pay both rent and our mortgage. The home is getting close to foreclosure with the mortgate company. What rights do the HOA have to demand payment,and can they foreclose on the property


Asked on 2/01/08, 1:42 pm

1 Answer from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Re: HOA past dues

The foundation problem does not mitigate your obligation to pay your dues. They are two separate issues. The HOA may forclose depending on its rights under the declaration and bylaws.

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Answered on 2/02/08, 8:45 am


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