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    spotter's Avatar
    spotter Posts: 5, Reputation: 1
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    #1

    Jun 25, 2008, 08:21 AM
    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
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jun 25, 2008, 08:22 AM
    Generally yes. This is usually stated in the HOA by-laws. But it's a common provision.
    spotter's Avatar
    spotter Posts: 5, Reputation: 1
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    #3

    Jun 25, 2008, 08:36 AM
    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.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jun 25, 2008, 09:07 AM
    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.
    smearcase's Avatar
    smearcase Posts: 2,392, Reputation: 316
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    #5

    Jun 25, 2008, 10:52 AM
    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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