How can I avoid foreclosure due to unpaid HOA fees?

Your obligation to pay HOA fees likely arises from deed restrictions or covenants recorded in the public records. Such restrictions would establish the HOA's right to foreclose a lien against the property owner for unpaid assessments.  Falling behind in your HOA payments is a serious matter, that should be addressed well before the HOA threatens foreclosure. It is to your benefit to negotiate a payment plan ASAP for the payment of past due assessments. Plans most attractive to the HOA may include the reimbursement of attorneys' fees and other costs of collection, but everything is negotiable. Without the HOA's mutual agreement, you may be forced to defend a foreclosure action to collect unpaid assessments. Such things as incorrect statements may be offered as evidence, but many courts will require payment of the unpaid amount to the HOA or into the court registry before considering an owner's defense. For further information, you should consult with a competent attorney experienced with representing owners in HOA lien disputes. DISCLAIMER:  Please note that the above answer is provided only as general information to the users of this site, and is not intended to create nor does it create any attorney-client or confidential relationship. Please contact your own attorney if you require professional legal advice. Sincerely,Glenn Sommer, Esq.GLENN S. SOMMER, P.L.Attorney & Counselor at LawMiami, Floridawww.sommerlaw.net