Can a HOA notify resident that a lien will be placed upon property if homewowners dues are not paid in full
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Can a HOA notify resident that a lien will be placed upon property if homewowners dues are not paid in full
Generally yes. This is usually stated in the HOA by-laws. But it's a common provision.
I know we can but I only find a notice of lien on web but we don't want to file a Lien we just want to notify Home Owner that if the HOA dues do not get paid that we will file a Lien on property.
Oh you represent the HOA! Assuming the by-laws allow you to place a lien in case of non-payment, there shouldn't be any problem in notifying the homeowner. A simple letter on HOA stations:
Dear ______,
As per the Associatiion's by-laws, you are required to pay dues of $xxx by xx/xx/xxxx. These dues are now past due. Section x.x of the by-laws permits the Association to place a lien against the property if the dues are not paid. If dues are not borught up to date in a timely fashion we will be forced to place such a lien.
In the state in which I was an HOA Board member, we had to have the lien provisions in the Covenants and Restrictions, which were approved by a judge, at the time the HOA was incorporated. But I'm sure it varies per state.
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