Who on your board files the lien?

Started by MikeW13 • 5 replies • 1380 views

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MikeW13 (Florida)
Posts: 10

Posted:

We file the liens ourselves (we do not use an attorney). Does it matter what position on the board handles the lien processing/filing? For example, the president, VP, treasurer, or secretary etc?? Is there a position that should not manage the liens?
thanks

MelissaP1 (Alabama)
Posts: 13,836

Posted:

It is best to designate one position. Usually the President or who can sign the checks. That way you all know who has filed the lien and did not act on their own. More accountability to limit it to 1 position.

Former HOA President

TimB4 (Tennessee)
Posts: 21,061

Posted:

Check your governing documents (likely within the Bylaws) under duties of Officers.

Typically they specify that it's the President. This is what our documents say:

(a) The President . . . shall sign all leases, mortgages, deeds and other written instruments.

MikeW13 (Florida)
Posts: 10

Posted:

Thanks. Yes - that is what our bylaw says. Good observation.

RogerB (Colorado)
Posts: 5,067

Posted:

Mike,
Our Managing Agent files the notice of lien and the release of lien.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By MikeW13 on 02/08/2013 1:04 PM
We file the liens ourselves (we do not use an attorney). Does it matter what position on the board handles the lien processing/filing? For example, the president, VP, treasurer, or secretary etc?? Is there a position that should not manage the liens?
thanks

Mike,

You mention processing, filing, and managing liens.

By filing, I assume you mean presenting the document for recording to the county recorder or equivalent official. While an important step in the process, there are usually no limits on who may take the document to the official and hand it over for recording. This is a function that may be performed by any person, including someone who is not even a member of your association.

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