[mjdsss3]

We have 2 non compliant members and I need to know how to file a lien againt them. Is there a minimum amount that has to be filed, and is this delivered by a sheriff to these peope?

[dontknownuthin]

I would recommend you ask this question under the law category and indicate where you reside as it can make a big difference - many related laws are local, such as whether there is a minimum dollar figure.

What a lien will do for your association is that if and when the property is ever sold, the amount of the lien has to be paid out of the proceeds. If the property sells at a loss or breaks even, there will be no proceeds and you will get nothing. There is an order of debts that are paid and having a lien in place puts you in line to be paid from the proceeds but does not guarantee payment if there's not enough money.

The lien does not force the homeowner to sell. You may be able to force the homeowner into foreclosure as another option, depending on your HOA agreement and local laws.

In any event, be careful - if the homeowner is upside down in the mortgage, there's no money for you. You will have to pay the lawyer on top of not getting the dues paid. Further, if you force the property into foreclosure, it will probably sell very low - and that bad comp will lower the overall value of other units in your development. So, in times such as these, it may not be worthwhile.

If your homeowners are simply suffering through this economy but are reliable when they are employed, it might pay off to be patient with them and negotiate repayment terms instead of forcing a legal remedy that they cannot pay.