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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118200
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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We have 3 condo's that owe past HOA dues. the homeowners are

Customer Question

We have 3 condo's that owe past HOA dues. the homeowners are still living in their home and are$5600.00 behind in their dues. The 2 others are in various stages of foreclosure. 1 going to auction next month and the other, notice of foreclosure was recorded and then a rescission was recorded. We are a small condo community of 22 units and are trying to make sure that we can recoup are dues. We are in the state of Oregon. Can you tell me what forms to record with the county and if we have rights to collect on all three scenarios.
Thank you!
***** ***** ***@******.***
Secretary of Cherry Park Homeowners Association
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Your association attorney, since your board cannot represent the association in legal matters, must file a lien against the property with the recorder of property records and this lien goes on the deed of the property. The lien would remain in place until the foreclosure sale. But after the foreclosure sale those liens are not enforceable.

Under Oregon Statute 94.723 Common expenses; liability of first mortgagee, once a lot in a planned community is foreclosed upon the ‘mortgagee and subsequent purchaser shall not be liable for any of the common expenses chargeable to the lot which became due before the mortgagee or purchaser acquired title to the lot. The unpaid expenses shall become a common expense of all lot owners including the mortgagee or purchaser.’.

Additionally, Oregon Statute 94.712 states that ‘An owner shall be personally liable for all assessments imposed on the owner or assessed against the owner’s lot by the homeowners association.’ Accordingly, upon foreclosure, the new owner has to pay only future dues and the past due amount you would have to sue the prior owner to recover.