lein

Started by BB5 • 3 replies • 1377 views

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BB5 (Missouri)
Posts: 145

Posted:

Our HOA recently had a special assessment several people are unable to pay in full and are making payments (nothing in writing)as long as they make payments and the HOA accepts them would this prevent a lein from being filed ?

TimB4 (Tennessee)
Posts: 21,059

Posted:

This completely depends on your Associations Board of Directors and statement of Special Assessment.

My suggestion would be to contact the Board and get something in writing as a new board might look at the issue differently.

Tim

BruceF1 (Connecticut)
Posts: 2,535

Posted:

I would suggest that each person work out a payment arrangement that is agreeable to the board and put that agreement in writing. As long as each payment is made when due, I see no problem. Of course, the main thing to worry about is not to create a negative cash flow situation for the association.

HoaC (Florida)
Posts: 95

Posted:

If your HOA places a Lien and you have verbally agreed to make payements and have made those payments on time, it would not stand in court if you contested the lien in the court of law. And if you were able to prove you are making payments in the amount you can afford.
Case law all over the USA has substained the fact that a verbal agreement is a binding contract and that if you are making "Good Faith Efforts" to pay your debt, you will be exonerated. Here is the real clicher, if your HOA refuses your payment, then you can file a motion and the courts have exonerated clients of the debit. Becuase, the debitor showed due deligence in thier case.

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