Since there are several forms of liens, best practices dictate that you work with your association's attorney to:
In USA, this strategy is effective in any state. Your state may have additional steps, which your association attorney can help you follow.
Any legally established Condominium or Home Owners Association incorporated under the laws of the state has the power to file a lien for unpaid dues and assessments. Check the state laws governing these associations.
Best practices dictate that you work with the association's attorney to identify the proper lien to file, and to follow the process required to file such a lien. An improper lien, filed improperly will give an owner an 'out'.
The association counsel that filed the lien for the association can answer your question.
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.
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. There must be (a) recorded instrument(s) giving the authority for a HOA to file a lien.
Your governing documents detail the process required for the board to follow in order to pursue an owner for unpaid assessments.Best practices dictate that the board act with the assistance of a condominium attorney.
Read your governing documents to determine that you have an automatic lien on a unit based on monthly assessments.Contact a condominium-savvy attorney and with your governing documents and the unpaid unit's assessment ledger, determine the amount of the formal lien to be filed with the local court.
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.
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.
You should contact the law firm that represents the condominium and learn how condominium liens are handled in your state.
Overall, every state handles these matters differently from every other state. You need a condominium-savvy attorney to help you recover this debt at this late date. Effectively, a lien must be filed with the local court.