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-   -   Home Owners Association Lien (https://www.askmehelpdesk.com/showthread.php?t=230596)

  • Jun 25, 2008, 08:21 AM
    spotter
    Home Owners Association Lien
    Can a HOA notify resident that a lien will be placed upon property if homewowners dues are not paid in full
  • Jun 25, 2008, 08:22 AM
    ScottGem
    Generally yes. This is usually stated in the HOA by-laws. But it's a common provision.
  • Jun 25, 2008, 08:36 AM
    spotter
    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.
  • Jun 25, 2008, 09:07 AM
    ScottGem
    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.
  • Jun 25, 2008, 10:52 AM
    smearcase
    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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