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Your answer depends in several items.

  • Read your governing documents to identify the collection process. Then verify that the association follows the necessary process that attempts to collect unpaid assessments before filing a lien. You may be required to wait at least 60 days with no payment before initiating the process, and then work through the process over the next 60 days before you can file a formal lien.
  • The viability of the recalcitrant owner. If the association has worked with an owner, worked out payment terms that the owner fails to honour, then you may want to take action.

Best practices dictate that you work with your association's attorney to maximize the lien process and protect the association's interests.

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