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Homeowner Defenses That Could Be Used in the HOA Foreclosure Process. As an HOA Board member you may be faced with the task of having to make the decision to foreclose on homes in your association. Weâve all been challenged by the financial climate these last few years and it is going to take some time to bounce back.
In addition, the law of easements may come into play as the homeowners in the planned community would have an easement over the roads and would be allowed to reasonably use them based on the plat. Therefore, it is unlikely that an HOA could succeed in removing all access and use of the road from a homeowner.