D.W. from Fairfield County, Connecticut writes:
Dear Mister Condo,
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.