Real Estate Law
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Yes, the HOA can foreclose. A common misconception is that the association cannot foreclose if one is current with your mortgage payments. However, the association’s right to foreclose has nothing to do with whether one is current on their mortgage payments. In Georgia, an HOA must judicially foreclose an assessments lien. This means the association will file a lawsuit to begin the foreclosure (Ga. Code Ann. § 44-3-109(c), 44-3-232(c)). (This differs from most loan foreclosures in Georgia, which are typically nonjudicial, meaning they take place without court supervision). In Georgia, the HOA cannot bring an action to foreclose unless the delinquent amount is at least $2,000 (Ga. Code Ann. § 44-3-109(c), 44-3-232(c)). At least 30 calendar days before starting the foreclosure, the association must provide notice to the owner by certified mail or statutory overnight delivery, return receipt requested, at both at the address of the unit or lot and at any other address or addresses which the unit or lot owner may have designated to the association in writing (Ga. Code Ann. § 44-3-109(c), 44-3-232(c)). The HOA must initiate an action to enforce the lien within four years after the assessment becomes due otherwise the lien will lapse and not be effective. (Ga. Code Ann. § 44-3-109(c), 44-3-232(c)). (This is called the statute of limitations.)
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