QUESTION: In some transactions, a "Condominium Rider" is recorded along with the grant deed. One paragraph of the rider states "If borrower does not pay condominium dues and assessments when due, then lender may pay them." Can HOAs force lenders to pay the delinquent amounts?

ANSWER: The rider states that lenders “may,” which is permissive not mandatory. As a result, lenders can choose to pay an owner’s delinquent assessments if they feel generous but their generosity cannot be forced.