Liens are a legal specialty and best practices dictate that you work with association counsel to file the proper lien, properly, to maximize the association's chances that it can recover money from this action.
An improperly filed, improper lien may afford the debtor defense against your claim.
There are many types of liens, and many procedures to be followed in order for a lien to be legally effective. This is work for association counsel. Simply 'filing a lien' by an unskilled person can give the owner automatic relief from your action -- in any state.
To file a lien on homeowner association you have to file at the court house.
Read your governing documents where the authority to lien and process for establishing a lien are all written out. Work with your association's condominium-savvy attorney to file the lien and pursue collecting the debt.
If the homeowners' association has recorded covenants and/or bylaws against the home in question, and the dues required by the covenants and/or bylaws have not been paid, a lien can be filed immediately in most cases, regardless of foreclosure or sale of the property. However, to ensure that the lien paperwork is filled out correctly (and avoid thousands of dollars in attorney fees should the homeowner challenge the lien in court), the homeowners' association should hire an attorney to prepare the lien documents.
Liens are a legal specialty and best practices dictate that you work with association counsel to file the proper lien, properly, to maximize the association's chances that it can recover money from this action.An improperly filed, improper lien may afford the debtor defense against your claim.
If you are the seller, notice that the lien must be satisfied before title can be transferred to a new owner. If you are a buyer, notice that the lien must be paid -- thus affecting the amount of your new equity, before title is transferred.
The association counsel that filed the lien for the association can answer your question.
An assessment lien is a legal claim on an owners property for collateral against delinquent assessments for a homeowners' association. They are provided for in the governing documents of an association.
No. There must be (a) recorded instrument(s) giving the authority for a HOA to file a lien.
Yes.
If the association wants to be accused of criminal theft, sure. To take the car the legal way, first, the association must file a lien against the delinquent unit. If the lien remains unpaid, then the association can file a lawsuit against the unitowner, unit, bank (as lienholder), and any subsequent purchaser of the unit for foreclosure of the lien. Fortunately for you, HOA dues are superior to any mortgage, lien, or deed of trust against the unit, so no matter what, the association will get paid. In the unlikely event the unit would not sell at auction for the association's foreclosure judgment amount, including attorney fees and court costs, the association could execute on the vehicle of the debtor/unitowner. I suggest consulting with a real estate attorney right away (see one who gives free consultations).
Your association counsel can give you the answer you seek: liens are not standard nor is their expiry.