can a HOA foreclose on your home for non-payment

The simple answer to your question is yes, a homeowners association may foreclose on your home for nonpayment. The complete answer to your question is, a homeowners association must file a lawsuit against you, when the lawsuit and receive a judgment, and get a lean against your property for that judgment and finally can attempt to foreclose on your property. Depending on your Homestead laws in your state will determine if they are able to successfully foreclose on your property. Here in Massachusetts, the Homestead exemption is so high, that it would be nearly impossible for any homeowners association to have enough fees in order to reach the amount needed to be able to foreclose someone in this state, but all states are different. In California, the delinquent assessments must equal or exceed $1,800 or the delinquency must be at least 12 months old before the HOA can initiate foreclosure proceedings (Cal. Civ. Code §1367.4). To learn about the laws governing HOA foreclosures in your state, review your state’s statutes.   I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147