Financial HOA Legal

What Steps Does the HOA Take to Place a Lien on Delinquent Unit?


B.B. from Litchfield County writes:

Dear Mister Condo,

What steps must the HOA follow to place on lien on a homeowners unit for nonpayment of an assessment?

Mister Condo replies:

B.B., there are a few things in life that just happen on their own. Believe it or not, the HOA lien on a unit for unpaid assessments is one of those things! I asked a friend of mine who is a practicing community association attorney in our state for some additional clarification. Here’s what the attorney had to say:

“None.  Under state law, the lien is “inchoate” which means automatic and paperless; the declaration itself is notice to the world that unpaid assessments might encumber the unit.  As long as the assessment was properly adopted and listed in any resale certificate, it will operate as a valid lien against the unit for three years.”

So, there you go, B.B.. I hope that answer is as easy for you to understand as the lien process itself!

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