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.
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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