Q re Liens

Those with experience with Liens as remedy for HOA assessments for rules violations, is there normally a time limit that a lien must be filed from the time of the assessment notice (i.e. the lien must be filed no later than xx months from date of the assessment)? If so, is this a CC&R matter or would it be more a state law issue?

We established a timeline/policy. At 6 months behind in dues we would place a lien. That policy was announced to all members. It is not really defined in any documents but is discretionary to the board for the most part.

You can do a year or a month as long as it is announced and understood by the members this is the policy. Those who get temporarily behind due tinancial reasons we allowed them to make payments or waived late fees as long as at 6 months they were square or made arrangements. those who want to pay will in 6 months. those who don't won't/ Just estabish a policy and then follow through.

Or (and like I said, I don't have the experience to know for sure) it could mean that any assessments outside of that window can't be included in the lien but anything within the window could be.

Carol, I think the answer is that any unpaid monetary assessments may be subject to the lien process as a HOA remedy. That would include unpaid regular assessments; a special assessment (maybe the owner disagrees with); or a 'fine' (for a rules violation) which in Va can turn into a special assessment on that Lot. Any of these sources can become a legitimate debt to the HOA which in turn can result in the lien 'treatment.'

Tim, please weigh in if you have other thoughts on this.