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Read your governing documents to understand the process required, that the board must follow in order to file the lien. Then, understand the steps the association can take afterward.

The final step may be to sell your property to satisfy the debt.

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13y ago

Your governing documents are specific in this regard, and may have been amended by a Collection Amendment.

Generally, notice is required before a lien can be formally filed -- a lien may be automatic against a title: if so, your CC&Rs specify this -- and once the lien is filed with the court, then you can pursue collection.

Best practices indicate that you work with your association's attorney to file against a title, and collect what is owed the association. In addition, the attorney will add fees, which can be included in the collectible amount.

If you are an owner with unpaid assessments, you are liable for the full amount of your assessments and any fines, fees and expenses related to collecting what you owe.

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Q: How can an HOA in Washington state enforce a lien for unpaid assessments?
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There is no standard. Read your governing documents to determine how far that association can reach into history for unpaid assessments. Your state law may also limit the reach. At the time of sale, all past-due assessments can be collected -- if the board has positioned its claim appropriately -- so that a new owner is not liable for unpaid assessments by a previous owner.


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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.


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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.


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Regardless of the state where the real estate is located, read your state law and governing documents to identify the responsibilities of the board, of the owner and of the lien process involved. There is no standard, every state is different and communities within each state have unique governing documents that address unpaid assessments. If you are a board member, best practices dictate that you work with your association's association-savvy attorney to file the proper lien -- there are many kinds and types of liens, and to confirm in advance of filing, that the board has followed all the steps necessary in advance -- with no success in collection. These steps are outlined in your community's governing documents. Your attorney will add fees and filing expenses, which will be added to the amount owed in unpaid assessments.


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