Intent to Lien assistance

StevenP2 (Washington)
Posts: 1

Posted:

I need some advice/help. We have a homeowner that is flat out refusing to pay his annual dues. He is now more than 60 days past due and wont even agree to a payment plan. We want to move forward with filing a lien but need to send out notice of intent. Does notice of intent have to follow any certain guidelines or can it be just a letter saying that is what will happen? We are in Washington State, Snohomish County if that is any help. We have already sent out certified letters explaining the fees and dues owed to date to the homeowner and his mortgage company.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

You may or may not require an attorney to file liens in your state/county. Each one is different. I would call the courthouse to find out the lien procedure and policy. Remember a HOA is a corporation and usually needs an attorney to represent them in court. So ask about not as an individual filing but as the corporation when asking the policy. It may not make a difference but good to keep that mindset.

We had a known policy and time schedule put into place when it came to liens. We didn't randomly pick a time/date due when we took action. We pay monthly dues so at 6 months behind in dues we started the lien process. Everyone knew it and thus either made effort to avoid this by making arrangements or attitude.

The lien can include all backdues, late fees, allowable interest (dictated rate in your docs or by state), and legal fees for filing. The lien continues to accumulate till the time it is paid off. Which means it has stronger teeth than a lawsuit. Foreclosure would be the final and last option to use. It is just a "stop the bleeding" measure and should only be used in the right circumstance and time.

I would recommend a lawyer consult on your first lien if possible to help guide you all through the proper process if possible. However, after that or now due to circumstances, your HOA can just hire a legal service to do the filing. It cost less and isn't a full time lawyer thing. Expect to pay around a few hundred to $500 to file using a service. Otherwise some are free to file or there are filing fees. All of which gets added into the lien itself. Good luck!

Former HOA President