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Best practices dictate that you work with you association-savvy attorney, who can review your governing documents and employ the guidelines there to verify that the board has completed all the necessary steps that must occur before filing a lien.

Then, your attorney can file a lien, of the proper form, and for the appropriate amount, that includes not only the unpaid assessments, but interest, fines, filing fees and attorney expenses.

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13y ago
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9y ago

Your governing documents will explain this process.

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Q: How does a home owners associaton file a lien against you for over due fees?
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You live in a condo and fourteen people are behind in assessment can the board put a lien on the unit owners who own the largest amount?

Sure--if you would like to retain a discrimination law attorney. If the board decides to file liens against delinquent condo owners, then it must file liens against all delinquent owners, not just some, unless there is a good reason (such as some owners have set up payment plans). Be sure that any offer to pay the delinquent fees without a lien is extended to all delinquent unit owners, and no delinquent unit owner gets a "better deal" than any other delinquent unit owner. Because attorney fees can be collected in lien filings (at least in my home state of WA), and lien filings can cost thousands in legal fees if not done correctly, see a real estate attorney right away.


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There is a fee to file the lawsuit, a fee to serve the Summons and Complaint if that is done by a court appointed officer, and there may be other fees as well during the course of the litigation. Fees are unique to each state and are fixed by statute. Sometimes there are different fees for different types of lawsuits even within the same state. For the exact fees in your jurisdiction, contact the court in which you wish to file your lawsuit for a specific statement of the fees involved.


Can a HOA file a lien against a property owner to cover attorney's fees generated in trying to resolve a dispute over restriction violations?

Generally, the association must have been awarded attorneys' fees in a court case, or won a judgement against an owner in order to file a lien for fees. If your association has filed a lien against you without such a judgement or winning, you can work with an attorney to have the lien dismissed, and potentally charge the association for your defense costs.


Can a landlord file a bank levy?

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Can the owner report the car stolen when the co-owner has it but is driving the car on suspended license?

No. A co-owner is one of the owners. If he's an owner it is obviously not theft. If you file a theft report against an owner you could be jailed for filing a false police report. Also, if the driver is stopped the car will be impounded resulting in costly fees and fines.


How does a condo association report owners delinquent in paying their condo fees?

The association wants to do more than report owners delinquent. The association wants to collect the debt. Check your governing documents to discover whether or not your assessments are automatically liens against the units. If so, then the association's attorney can file a formal lien. The board may also have additional recourse to collect unpaid assessments, including perhaps selling the unit in order to satisfy the debt. One way is to report the delinquent unit owners to a collections company, though these companies usually charge outrageous fees. I suggest the association retain a real estate attorney and file liens against the delinquent units. These liens may be foreclosed if not paid, which will be an incentive for the delinquent unit owners to pay up. Don't try to file liens without an attorney--if done incorrectly, thousands of dollars in attorney fees will likely be spent. The liens will then show up on the delinquent owners' credit reports. In most states, it is not legal to publish a debtor's name, but you may be able to publish the unit number in your financial reports and board meeting minutes. Once a lien is filed, it becomes public record and can appear on an owner's credit report.


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How do you file a lien for past due condominium fees?

Condominium owners pay assessments in order for the association to operate the community. Boards must collect assessments, and when they are not paid, the board can file a lien for the amount due, against the title of the non-paying owner. Best practices dictate that this is an action for association counsel, since a poorly formed or improperly formed, or poorly or improperly filed lien, gives the debtor an almost automatic out of the debt.


In Sarasota County Florida does your HOA need to use an attorney to file assessment liens?

HOA boards are populated by volunteers, who may be knowledgeable -- or not. Best practices dictate that boards work with association counsel to file liens against owners for past-due assessments. Improper liens and improperly filed liens give owners an out.