Legal Question in Real Estate Law in Utah
Homeowners rights
Does a homeowners association have the legal right to put a lean on my home for delinquent dues?
2 Answers from Attorneys
Re: Homeowners rights
Probably, the homeowners' restrictive covenants probably provide the association with the right to lien your property for unpaid dues. They probably also have the right to foreclose on your house if the dues remain unpaid long enough. Get a copy of the Homeowner's restrictive covenants and read them.
Re: Homeowners rights
You need to check with your Homeowner's Association Articles, By-laws and the Covenants, Conditions and Restrictions (CC&R's) for your property. The simple answer is "yes," homeowners' associations can and do lien properties for delinquent dues. When you must pay them is a matter to be worked out with the association--perhaps you can wait until the property is sold if that is contemplated in the near future. If you don't pay them, the association may have a variety of actions that could be taken, including potentially foreclosing on the property (check the documents I mentioned to see if they address these things).
Thanks for your question.
Mel Larew