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    tombod's Avatar
    tombod Posts: 3, Reputation: 1
    New Member
     
    #1

    Jun 2, 2010, 01:43 PM
    Homeowners association lien
    Where can I get a form to file a lien against a property by the homeowners association?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jun 2, 2010, 01:44 PM

    Do you have a Judgment and now you are liening against property?

    What State?
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #3

    Jun 2, 2010, 01:50 PM

    I am confused by your wording. Is the property owned by the HOA or just within one? If its just within an association the HOA is likely not any part of the lien process. What brings about the lien?
    tombod's Avatar
    tombod Posts: 3, Reputation: 1
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    #4

    Jun 2, 2010, 01:51 PM
    It's in New Mexico. The homeowners association bylaws states that if a property owner doesn'
    T pay the yearly dues, a lien may be placed against the property. I understand a "claim of lien" form is needed.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Jun 2, 2010, 01:59 PM

    Claim of Lien Form See form for sample filled in

    Try a legal supply store or type the form yourself.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #6

    Jun 2, 2010, 02:23 PM

    Are you the GM or BOD member or a lawyer representing the HOA? In my HOA the power to bring a lien for failure to pay dues is limited to certain individuals, usually we have our lawyer handle it.
    tombod's Avatar
    tombod Posts: 3, Reputation: 1
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    #7

    Jun 2, 2010, 02:36 PM

    It's a small HOA with ony 18 members. The yearly dues are only $100.00. I am a member of the 3 member BOD. You'd think the small amount of the assessment would encourage everyone to pay and I think that, so far, everyone has but we're only into our second year. An underlying problem is that most property owners don't live on the property and, in fact, don't even have a structure on the property. We got stuck with a HOA because some transplanted California lawyer moved there and thought we needed one. Most of the other owners bought his arguments. He's since moved on to Colorado.

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