If a GCA/POAA lien is wiped out by a tax or lender foreclosure, what is one available option for the association?

The option to sue the previous owners personally is a viable course of action for the association when a Georgia Community Association (GCA) or Property Owners' Association (POAA) lien has been eliminated due to a tax or lender foreclosure. When a lien is wiped out, the association loses its claim to collect those past dues through the property. However, the previous owners can still be held personally responsible for the debt they accrued while owning the property. This legal approach allows the association to seek remedies through the court to recover the money owed, even after losing the lien priority.

Pursuing a lawsuit against the former owners can be an important step in recovering funds needed for the association’s expenses and maintaining its financial health. This path underscores the principle of personal liability where owners remain accountable for their obligations, irrespective of the property’s current status.

The other options may seem advantageous but don't provide the same direct recourse to recover losses incurred from the wiped-out lien. Increasing dues may spread the financial burden among current owners but doesn't directly address the lost revenue from the prior owners. Selling the property is unlikely or impractical, as the property has already been foreclosed and is not owned by the association. Writing off all debt automatically disregards the association's entitlement to