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I have an elderly father who owns a lot in a community that…

I have an elderly...

I have an elderly father who owns a lot in a community that charges HOA fees. My father has dementia and hasn’t paid these fees in two years however he has remembered to keep property taxes current. This lot is worthless and the community is in total disarray and they can’t even give these lots away. If my father refuses to pay hoa fees can they sue him and if so what’s the worse that can happen?

Lawyer's Assistant: What steps have been taken so far? Has any paperwork been prepared or filed?

No he has dementia and I just discovered I tried to just see if they would take property back my father doesn’t have interest in it anyway I’m just worried if they do sue what will we have to deal with he does own a home in another city

Lawyer's Assistant: Where is the home located?

His home is located in Indiana the lot of land is also in indiana

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Answered in 12 minutes by:
6/1/2018
Jessica B
Category: Real Estate Law
Satisfied Customers: 1,839
Experience: Attorney at Donald B. Linsky & Associates, PA
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Hello. My name is ***** ***** I am a licensed attorney. I hope I may be of assistance with your question. Please remember to rate my service at the end of this session. Thank you!

An HOA may place a lien on the property for unpaid dues. Basically if your father ever tried to sell the property he would not be able to until the lien was satisfied. Also, the HOA may foreclose on the property in order to be paid for the unpaid dues. If the property is foreclosed and the property is sold, if there are not enough assets after the sale to satisfy the past due amount, then the HOA may obtain a judgment against your father for the difference.

Jessica B
Category: Real Estate Law
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Experience: Attorney at Donald B. Linsky & Associates, PA
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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