What form do you use file a lien on an HOA owner?

Answer 1

A lien form varies from state to state. In addition, there are specific requirements which must be followed for filing liens. To avoid any unnecessary, costly litigation, resulting from errors in preparing and filing the lien, I strongly advise the HOA to retain an attorney to file any necessary liens. Also keep in mind that attorney fees can be collected in addition to the lien amount (in most states), so the HOA will not pay any attorney fees out of pocket once the lien has been paid.

You work with your association's attorney to follow the guidelines written in your governing documents to collect the unpaid assessments. Following the documented steps prior to filing a formal lien are required, in order to protect the status of your lien.

One of the final steps will be to officially file a formal lien, which will cloud the unit's title and be reflected on the owner's credit report.

A final step may be to sell the property in order to recover the money owed.

Answer

A lien is a court generated document that is recorded in the land records to notify any potential buyers or lenders that another entity has an interest in the premises. Generally, the creditor must sue the debtor in court and win. In this case, the plaintiff would be the HOA. If successful it can then request a judgment lien. That lien is recorded in the land records. This process may vary in different jurisdictions.

An HOA can record a Notice of Unpaid Dues in the land records without going to court but not a lien in most states unless it completes the civil court procedure.

Answer 2

The statutory real estate lien form for your state. A condo is considered real property.

Read your governing documents to understand the procedure required before filing a lien. You may need to send several letters before taking this step. As well, there may be other steps you can take should the lien remain unpaid, such as selling the unit to satisfy the debt.

Best practices dictate that you work with an attorney to file this lien -- there are different kinds of liens and attorneys know which to file, and the lien amount can include the attorney's fees and expenses of filing the document.

Answer 3

Best practices dictate that you work with an association-savvy attorney in your locale to file the proper lien in this matter.

As well, your governing documents detail the process required by the board in order to collect the debt in advance of filing such a lien.

An improper lien, filed improperly can give the owner a technical out.

Answer

You can visit a local law library (at your local courthouse or law school) and ask the librarian to help you find a publication that contains legal forms that are appropriate under your state condominium law. You might find something from the real estate bar association. You should also determine whether you can file an actual lien without going through a court process or only a notice of past due fees. State laws vary.

Answer 4

Since there are many types of liens, best practices dictate that you work with your association's attorney to file the proper type of lien.

As well, read your governing documents to verify that as a board, you have followed all the procedural steps necessary in advance of filing the lien, so that the owner whose title is involved cannot protest your lack of due process.

Finally, your governing documents will also help you determine whether filing a lien is the appropriate action, given the infraction by the owner. Liens are only appropriate where money is owed.

Answer 5

Best practices dictate that you partner with your association's attorney to work through the process -- documented in your governing documents -- to collect unpaid assessments.

Attorneys' fees can be collected from the non-paying owner. Amateurism in these matters will only serve to cost the association and may fail the collection process entirely.