Can the HOA Place a Lien on Home with No Deeded Obligations?

mc_horrified

D.W. from Fairfield County writes:

Dear Mister Condo,

I live in a single family home located in a homeowners association, with no deeded obligations to join the HOA. Can the HOA put a lien on my house for unpaid assessments?

Mister Condo replies:

D.W., I can only imagine your surprise, followed by your anger, over receiving notice that the HOA had put a lien on your home. My initial reaction was that I had never heard of a home being located in an HOA where there was no deeded obligation for a homeowner to participate. So I checked with one of my attorney friends who practices in this specialized area of law. Here’s what he had to say:

“If membership is truly optional, and nothing in the land records obligates the owner to contribute money to common expenses, the association can’t lien your property for unpaid dues without a court order. But check the documents to be sure because there aren’t many communities organized like this.”

D.W., a lien is a serious matter and I strongly advise you to retain legal counsel to assist you in getting this straightened out. Best wishes for a happy ending.

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