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I think the problem is that most HOAs didn't anticipate this happening on the level it is. There aren't too many options written into the laws of ours and to amend them at this point isn't worth the hassle. Hopefully going forward new HOAs will learn a lesson from it.
When we lived in Holland the law was that any delinquent HOA fees would be deducted from the sale proceeds at closing and the closing attorney would forward them on.
But you didn't have to do anything to place the lien there, the notary would not be allowed to complete the sale without the HOA either declaring the seller as current or stating the owed amount.
I was once on an HOA board. We did not/could not publish the info. But all owners were entitled to review board notes which typically had delinquent accounts (meaning seriously past sue nto 5 days late or one month behind) as one of the first meeting items. Typically the people who were not paying were doing so on principal or because they chose not to as opposed to economic distress. Once we waived back dues so that a sale could go more smoothly (the property has zero equity left) to avoid the person going to foreclosure or dumping it on the market. But that was a strategic decision/not the norm/occured during the mid 00s when people were not in as much distress.
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