Best practices dictate that you work with your association's attorney to file a lien for unpaid assessments.
Generally, a single lien can be worded in such a way so as to update the lien's impact sufficient to cover unpaid liens over a period that they may continue to go unpaid.
Your association attorney who helped you file the original lien can give you the answer you need.
Read your governing documents and work with your association attorney to file a lien for unpaid assessments.
Read your governing documents about filing liens for unpaid assessments, then take the documents to an attorney, who can help you file a lien. You'll also need a ledger for the unit owner, showing unpaid balances.
Your governing documents specify the process the board must follow in order to collect unpaid condominium assessments by filing a lien.In some states and counties, assessments automatically become liens against the title to the condominium unit, however the lien must be filed in order to be collected.The board or its attorney can file a lien with the appropriate court in the state or county where the condominium is located.
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 type of lien and the state where the condominium is located. You are best advised to hire an association-savvy attorney to help you. If you are a vendor filing for unpaid work, you have a different set of issues than if you are the association filing a lien for unpaid assessments.
No, you need to file a repairmans lien.
You can find the answer you want in your governing documents. Usually, assessments automatically represent a lien against the title, and the board -- with its attorney -- can file a formal lien with the hall of records where the unit's deed is filed, for unpaid assessments. An attorney who represents condominium associations in your area can help you file the necessary lien, given appropriate records to indicate non-payment of assessments owed and unpaid. In addition, be prepared to show evidence of the association's attempts to collect past-due assessments.
Of all the types of liens that can be filed on a real estate title, the association can file a 'specialty lien' specifically to collect unpaid assessments. With a lien against the title, you cannot sell or refinance the unit until the lien is paid and satisfied, and the lien satisfaction filed with the appropriate court clerk.
Yes.Read your governing documents to verify that your monthly assessments represent an automatic lien on your title.When your board decides to file a formal lien, they are taking one of several steps they are entitled to take to collect the debt, including selling your condominium.(When you don't pay your assessments, you ask your neighbors to pay your bills.)It's a good idea to pay your assessments each month.
You work with your association attorney, not any state office, to prepare and file the document you want. Be prepared to show proof of unsatisfactory collection procedures -- that are documented in your governing documents, that must be followed in advance of filing a lien for unpaid assessments.
The effect is that you cannot mortgage or sell the unit without paying off the lien.
Your governing documents define owners' responsibilities to pay assessments and boards' responsibilities to collect them. The association's counsel may have constructed a 'blanket' lien for past due assessments. Details are critical in matters such as this, however. Board members and owners are encouraged to work with association's counsel to pay the unpaid assessments and settle the matter. Clear title is important at time of sale, and is important insofar as an owner's credit report/ record is concerned. An owner interested in contesting such a lien is required to hire their own counsel and disagree at their own expense.