I was recently elected as the Board Secretary/Treasurer for our Condominium Association and inherited the issue of HOA Dues delinquency.

We have an owner who is always late on his HOA dues. He owes about 5 months worth of HOA dues.

Besides filing a lien against his property, what is the best way to:
- Secure the past Dues for 2006
- Get him to pay the outstanding Dues for 2005
- Get him to stay current on his HOA dues.

Furthermore, How do I file a lien? I've already typed up a pre-lien document which we will be sending him (certified mail). My understanding is to file the actual lien 30 days after I send the pre-lien.

The Board was very lenient in the past so I think this owner took advantage of that.

earias

You go to the county and register the lien with the county clerk.

What do the HOA by-laws say about late dues? Can you amend the by-laws to charge late fees or other penalities? Are there common facilities (a pool, community center, etc.) they they can be banned from until the dues are bought up to date?

Our by-laws are very clear about the late dues. We don't have common facilities so we can't use that against him. Letters and phone calls followed but he just refuses to pay on time.

I appreciate your prompt response.

Thank you very much.

earias