QUESTION

Delinquent on HOA dues

Asked on Jul 19th, 2023 on Residential Real Estate - Michigan
More details to this question:
Is there any legal action other than a lean on my property for HOA due delinquency? Is there any audit of HOAs operating as non-profits but maintaining a surplus balance year over year?
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1 ANSWER

Real Estate Attorney serving Bloomfield Hills, MI
Partner at Borman-Lahti PLLC
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HOA's can run a surplus. The only limit is the reasonableness of the surpluse, if it is too excessive, a court might order the HOA to either lower its dues or refund back the overage it is keeping. Hard to prove but not impossible, the reasonableness will be seen in light of historical expenditures and the amount of cash being held. If your lien gets large enough and, after warnings, the HOA can foreclose on the property. You can still redeem after the foreclosure but all you will be doing is paying the HOA's lawyers a lot of money to collect from you.
Answered on Jul 19th, 2023 at 9:08 AM

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