Q: When is it prudent to threaten or proceed with foreclosure due to delinquent HOA Fees?
Should the delinquency be for a minimum amount? What are typical costs for proceeding? Will costs be recovered as part of the lien?
A:
Homeowner's HOA fees are enforceable in court and attorney fees may be awarded pursuant to the HOA Agreement as well as Idaho Code. Enforcement of the HOA lien recorded for the purpose of clouding the title as also valid and if it is necessary to enforce the lien to recover HOA fees, there too attorney fees may be recovers. Whether threat of foreclosure to collect these fees is "prudent" or not is a matter of taste. A lawyer may not threaten to do something he has no legal right to do and/or no plans to do. Assuming that it was not a lawyer that made the threat to foreclose and was a non-lawyer with privity (the legal right to write the letter on behalf of the HOA), then you may write a letter like that and proceed on it, or not.
Good luck to you!
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