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    pavlovkid's Avatar
    pavlovkid Posts: 1, Reputation: 1
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    #1

    Apr 7, 2008, 05:39 AM
    Hoa lien
    How far behind does one have to be on their dues before an association can put a lien on property? Do they have to give notice before lien is put on property?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Apr 7, 2008, 05:53 AM
    Hello p:

    Look into your CC&R's for the details of your dues and when they beome deliquent. However, in most instances, the minute they become due and you don't pay, they can sue. After they win a judgment, they can place a lien on your home.

    Course, if they're lazy or not very good at their jobs, they don't have to go after you ever.

    Yes, you'll be notified of the lawsuit.

    excon
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Apr 7, 2008, 05:54 AM
    Quote Originally Posted by pavlovkid
    How far behind does one have to be on their dues before an association can put a lein on property? Do they have to give notice before lein is put on property?

    It should be spelled out in your agreement/contract.

    You need a Judgment in order to file a lien so you would have to be served and given an opportunity to defend yourself.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #4

    Apr 7, 2008, 07:37 AM
    Some HOA's can file liens without first obtaining a judgment. You need to carefully ready the Declaration and By-Laws to see if they have that right.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Apr 7, 2008, 08:48 AM
    Right, for them to try and collect the money any other way, they would need to get a judgement. But the By-Laws can specify that they can put a lien on the property if the dues are unpaid. The By-laws will have to spell out when dues are considered delinquent and what avenues they have available to collect.

    So, read your By-laws.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Apr 7, 2008, 09:07 AM
    Quote Originally Posted by LisaB4657
    Some HOA's can file liens without first obtaining a judgment. You need to carefully ready the Declaration and By-Laws to see if they have that right.

    Lisa - not questioning you at all (Hail Lisa!), don't mean it that way but there are circumstances under which your right to protect a Judgment can be waived?

    How do you protect yourself from, oh, I don't know, a fee which you feel is unfair or unapproved and an automatic lien?

    Or don't you?
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #7

    Apr 7, 2008, 09:12 AM
    Quote Originally Posted by JudyKayTee
    Lisa - not questioning you at all (Hail Lisa!), don't mean it that way but there are circumstances under which your right to protect a Judgment can be waived?

    How do you protect yourself from, oh, I don't know, a fee which you feel is unfair or unapproved and an automatic lien?

    Or don't you?
    HOA by-laws can contain a provision that the HOA can file a lien when dues are unpaid without any further legal process. If they file a lien and then the homeowner wants to contest then the homeowner can file a lawsuit for removal of the lien. At that hearing the validity of the fee can be argued.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Apr 7, 2008, 09:42 AM
    HOAs often don't care much about legalities. They are all about protecting the neighborhood. So they can be very restrictive and if you want to buy in you have to agree to the rules. They would rather put in a clause that may not stand legal scrutiony and worry about it is and when the homeowner fights. But how many homeowners are going to fight when it means alienating their neighbors?
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