ANSWERS: 3
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They can do what anybody who is owed money and not being paid can do. . .send the back due amounts to collections. A guy I used to date had parents that didn't "believe" in HOAs, so they quit paying their dues. They got several letters that threatened "legal action" that would "hurt their credit rating" (it was already lousy). Sure enough, the HOA sent the past due amount on to a collection agency and it hit their credit report as an unpaid debt. Then the HOA filed a judgment against them and issued a Warrant in Debt (this is in VA by the way) and they had to go to court. Cost THEM the HOAs attorney and collection fees on top of the past due fees. I lived in the same neighborhood, so I was happy to see the HOA take action on the no pays. They would also print a newsletter every year with the names of people who owed HOA dues.
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Depending on the stipulations of the neighborhood, the HOA can go so far as to file a lien against the property forcing the owner to sell it or even worse- causing foreclosure. The owner will lose his home, however, any back payments will come out of the lein and the HOA will get their money.
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I live in California. My HOA has a $15 late fee if you are 45 days late. After 2 months late you get sent to the lawyer. Lots of fees get tacked on then. You can make payment arrangements with the lawyer. Also, they lien your place when it goes to the lawyer.
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