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A lien form varies from state to state. In addition, there are specific requirements which must be followed for filing liens. To avoid any unnecessary, costly litigation, resulting from errors in preparing and filing the lien, I strongly advise the HOA to retain an attorney to file any necessary liens. Also keep in mind that attorney fees can be collected in addition to the lien amount (in most states), so the HOA will not pay any attorney fees out of pocket once the lien has been paid.

You work with your association's attorney to follow the guidelines written in your governing documents to collect the unpaid assessments. Following the documented steps prior to filing a formal lien are required, in order to protect the status of your lien.

One of the final steps will be to officially file a formal lien, which will cloud the unit's title and be reflected on the owner's credit report.

A final step may be to sell the property in order to recover the money owed.

Answer

A lien is a court generated document that is recorded in the land records to notify any potential buyers or lenders that another entity has an interest in the premises. Generally, the creditor must sue the debtor in court and win. In this case, the plaintiff would be the HOA. If successful it can then request a judgment lien. That lien is recorded in the land records. This process may vary in different jurisdictions.

An HOA can record a Notice of Unpaid Dues in the land records without going to court but not a lien in most states unless it completes the civil court procedure.

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11y ago

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