HOA liens

Has anyone negotiated an HOA lien before purchasing a property? Is that even possible? The owner is deceased and I’d imagine that the HOA will get nothing unless a tax lien certificate owner forecloses, or someone (like me) buys it from the heir.

I’ve read about negotiating liens but wonder if that applies to HOA liens.

I guess that the HOA could foreclose but I think the lien is small enough not to warrant the legal costs of foreclosure.

Any thoughts or experiences?

I invest in a gated community that has 18 POA’s. THis may be unique to this particular community but I find you can negotiate the back HOA fees. THe best I have been able to have forgiven is the past two years. It makes the deal affordable.

@suitedconnector how old is the lien? That might be another thing to consider. Most liens will automatically fall off after a certain period of time. Might be worth digging into that to see if the thing is even valid anymore.

HOA authority to negotiate probably rises from language in the CC&R’s that set up the HOA. If they have the authority, can’t hurt to ask as they have bills to pay and reserve budgets to meet. If they are unlikely to collect for a long time otherwise, they would be fools to not negotiate.

@charlotteirwin 5 month old lien on 10 years of missed payments.

@sean-markey I called their office and they have not replied…

@bhsllc Are there usually attorney’s fees tacked on?

@charlotteirwin What is the determining factor of a lien “falling off”? Statute?

No attorneys. you negotiate with the POA directly.

@suitedconnector HOA is usually run by owner volunteers that can be notorious for their lack of communication skills.

The HOA said they will remove the late fees from the past due balance for the new owner.

@suitedconnector That’s just policy chapter and verse. If they are a year behind and not likely to collect from the deadbeat, shove an offer under their noses and make them consider it. Maybe something like ‘wipe the slate clean for three months of past dues’? They will have to have a meeting, discuss it with the other marginally competent, highly unpaid, board member volunteers and make a decision. Offer whatever works for you and be prepared to walk away if they refuse to play.