Can our Association sue a homeowner in small claims court for non-payment of delinquent assessments and foreclose non-judicially on the homeowners property at the same time?
Yes, until one method is completed (i.e., a judgment is issued in the small claims action or a non-judicial foreclosure sale is completed). Under the Doctrine of Election of Remedies, the Association can only complete one type of collection method. Once a collection method is completed, the Association is barred from pursuing another collection method for the same delinquency.
Related Questions
- Can our Association sue a homeowner in small claims court for non-payment of delinquent assessments and foreclose non-judicially on the homeowners property at the same time?
- Is a title company obligated to ensure that the seller pays any delinquent homeowner association assessments owed on the property?
- Are fees and assessments owed a homeowners association deductible?
