It depends on what it says in the by-laws of the association and whether such a provision is valid under state law. So, nobody can answer this without reading the by-laws and knowing what state the property is located in.
Generally, the association will work with its counsel to file a lien on your property that you own within the association.
To file a lien on homeowner association you have to file at the court house.
Read your governing documents, and determine what action must be taken before a lien is filed. When you're ready to file a lien, work with your association-savvy attorney to accomplish this task.
Read your governing documents where the authority to lien and process for establishing a lien are all written out. Work with your association's condominium-savvy attorney to file the lien and pursue collecting the debt.
The town or county can file a property tax lien. The state can file a state income tax lien.The town or county can file a property tax lien. The state can file a state income tax lien.The town or county can file a property tax lien. The state can file a state income tax lien.The town or county can file a property tax lien. The state can file a state income tax lien.
Since you chose this category, apparently you want to file a lien against a condominium unit owner's title to their property. Best practices dictate that your association attorney can help you. You need your governing documents, which specify when to file a lien, and you need the ledger of the non-paying (assessments) owner. With this information your association attorney can file the lien in the local courthouse. In order to release the lien, your attorney will add all fees and expenses to the amount due -- in addition to the unpaid assessments, so that the association bears no expense in this process. _______________ In non-association matters, it remains a good idea to involve an attorney. Be prepared with the proof of the debt owed and your standing (with rights to collect) in the matter.
In any state, an association can file a lien on a property, usually as a last resort, in order to collect unpaid monies owed to the association by the owner. Read your governing documents to determine the steps the association must take in advance of filing a lien -- the owner is owed due process -- and these steps are set out there. When it's appropriate, work with your association-savvy attorney to file the proper type of lien on the title for the amount owed, including interests and fees.
Apparently the association owes a debt over which a lien has been filed. Effectively, the lien can cloud the title of all the units/ homes in the association. It is in the best interests of all the members and of the association's board to settle this matter quickly and file a release of the lien.
Read your governing documents to determine whether or not assessments are automatic liens.Best practices indicate that you need to work with your association's attorney to file the necessary paperwork to officially file a lien document with the court, and officially notify the owner that a formal lien exists upon the title to the property.
It depends on the laws of the jurisdiction in which the homeowner's association is organized.Another AnswerThe time delay depends on why the association wants to file and lien, and against what property title.When the association wants to cloud the title to a property owned by someone who is in arrears for paying assessments, the time is defined in your governing documents.Filing a lien, however, is one of the last actions that the association may take. The final action being foreclosure on the home, to sell it in order to collect past due amounts.Finally, you are best advised to work with your association's association-savvy attorney, to insure that the correct lien for the correct amount is filed properly in order to protect the association.
When an association owns a property, it can rent the property. In this case, the association probably doesn't own the property, else why has a lien been filed. The property owner's title is clouded by the lien, and the property is still owned by the owner. The association may want to work with the owner to rent the property, to produce an income stream. The final decision, however, remains with the property owner.
Read your governing documents to determine whether you are personally liable for what you owe the association, or not. In any event, having a lien filed against the title for property you own will probably be noted on your credit reports, so you are implicated personally in that way when the lien is filed against the property.