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How do you file a lien for condo fees in Washington?

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2012-12-29 20:46:11
2012-12-29 20:46:11

Regardless of the state where the real estate is located, read your state law and governing documents to identify the responsibilities of the board, of the owner and of the lien process involved.

There is no standard, every state is different and communities within each state have unique governing documents that address unpaid assessments.

If you are a board member, best practices dictate that you work with your association's association-savvy attorney to file the proper lien -- there are many kinds and types of liens, and to confirm in advance of filing, that the board has followed all the steps necessary in advance -- with no success in collection. These steps are outlined in your community's governing documents.

Your attorney will add fees and filing expenses, which will be added to the amount owed in unpaid assessments.

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Read your governing documents and work with your association attorney to file a lien for unpaid assessments.

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Read your governing documents about filing liens for unpaid assessments, then take the documents to an attorney, who can help you file a lien. You'll also need a ledger for the unit owner, showing unpaid balances.

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In order for the lien to be removed from your title, the association must file a release of the lien, and would do so once your assessments are paid, together with any fees and expenses related to their collection efforts.

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Yes. Your association's attorney can help you file the lien and position the lien -- if allowed by your governing documents, or state law -- as a priority lien, so that when the property is sold, the association can recover its monies and fees.

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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.


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