Court of Appeals Orders Foreclosure to Enforce Unpaid HOA Fees
May 16, 2015Homeowner Sheila Larry failed to pay her HOA fees. Eventually, the HOA took legal action to collect the unpaid dues. Like most HOA fees, they were secured by a contractual lien on Ms. Larry’s property. The HOA successfully moved for summary judgment, but the trial court refused to order foreclosure of the lien, and the HOA appealed.
Reversing the trial court, the Dallas Court of Appeals reasoned that the “purchase of property within a deed restricted subdivision carries with it the obligation to pay association fees,” and “the remedy of foreclosure is an inherent characteristic of that property right” — even if it may seem harsh.
