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    redgs's Avatar
    redgs Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Jan 4, 2011, 02:15 PM
    Penalties for non-payment of maintenance fees
    Yet another timeshare question; we own a timeshare whose HOA has recently increased its fees 50%. The mortgage is paid however the yearly fees are becoming troublesome. Can they foreclose on the property? Any options for us other than allowing them to foreclose? Thanks!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Jan 4, 2011, 04:13 PM

    It depends on the by laws of the HOA. They can definitely prevent you from using the property. They can probably place a lien on the property to prevent you from selling it. Whether they can seize the property for unpaid fees will depend on the terms of the by-laws.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Jan 8, 2011, 02:33 PM
    Quote Originally Posted by TERRY95 View Post
    It to be paid to the person you must pay bu law! TERESA.

    Teresa, this is a legal forum. You are legally incorrect and do not answer the question.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #4

    Jan 8, 2011, 03:31 PM

    I see Terry95's comment has been removed and rightfully so. Scott gave a great answer, most HOA can only place a lien on your property. The incorporation documents for the HOA spell out how much fees can be raised and in some cases it can't be done without a vote of the property owners, once a fee is properly raised you are required to pay according to the covenant agreement you signed when you bought your time share. They shove about 50 documents at you to sign at closuing and one of them was agreeing to abid by the convenants.
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