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Of course--if the association likes to pay attorney fees and court costs to the property owners whose land title was slandered by the lien. If the association is not in the deed of the property, then the association has no authority to compel payment of dues. For the same reason, those property owners have no authority to enjoy property and facilities owned by the association. Check with a title company to see if the association is in the deed of the delinquent properties.

Another Perspective

Sometimes early property owners adjacent to lake communities will voluntarily join the association and thereby make the facilities appurtenant to their own lots and make their property subject to its rules and regulations. Also, adjacent tract owners may voluntarily make their lots subject to the rules and regulations in order to maintain the community at a high standard and attract buyers. You need to consult with the attorney who represented you when you purchased the property to determine if your property was ever made subject to the rules and regulations of the leisure community. That information would be disclosed by a comprehensive title examination.

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Q: Can a leisure club file a lien against properties not situated in the associations boundaries for unpaid dues?
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