Condo owner has not paid associations fee's for six months can we file a property lien?

Answer 1

Filing a lien on a property due to unpaid association fees is indeed a commonly used tool for HOA and condo associations. This is typically covered in the association's by-laws or CC&Rs (covenants, conditions, and restrictions). Unpaid association dues do affect everyone in the community, as they can lead to budget shortfalls that in turn might lead to decreased services or increased costs for other residents.

Just to clarify though, the process of placing a lien should be used as a last resort. I'd recommend exploring other options first, like setting up a payment plan, or even mediation to resolve the issue directly with the owner.

Here's how we typically approach situations like this at Daisy; we make every effort to work out fair and mutually agreeable arrangements before moving towards filing a lien. The intention is to maintain a positive atmosphere in the community, and filing a lien can escalate tensions. It’s important to have good communication and ideally, you want to maintain the best possible relationship with all members of the condo association. Always take the time to understand your association by-laws and local laws, or seek legal advice if necessary.

Answer 2

The answer to your question is available in your governing documents.

It is probably 'yes'.


In some governing documents, assessments automatically become a lien against the property's title, and the lien becomes formal and executable once the board or the association's attorney files the lien with a court.

Answer 3

The powers of the Condominium Association regarding a default on condo fees should be set forth in the Master Deed, Rules and Regulations and Declaration of Trust if there is one. The procedure for collecting unpaid fees should be set forth in those documents. The Condminium Association should be able to record a certificate of unpaid condo fees.