Liens filed by Lawyers vs. HOA Board

I was told by our new management company that if I file a lien for late dues, the lien will only last for the year it was filed. If a lawyer files the lien, it lasts for 6 years. I have never heard this before. Does anyone know any information on this topic?

This is a bit more complicated than that. It depends on each state or county. Some require a lawyer to file liens. Some do not. Since we are a corporation a lawyer is the preferred method of representation in court. We could have a board member appointed but who in their right mind want an unlicensed non practicing lawyer representing your entire HOA in court? Even though I could do it and did once, no way would I recommend a board take on that responsibility.

Here is also the fault in your statement... Liens can be filed for non paid dues and late fees ADDED to that amount plus interest. However, straight late fees are not subject to liens. They are more like fines which are typically not allowed to be basis of liens.

So my take on your MCs answer is that the actions your board may take is limited due to the nature of the money owed. That may be a small claims action at best. A lawyer filings may mean a different court system level or other higher action.

So yes always do more research before taking your MCs advice. They are not legal experts. They are just theones who write the checks to them...

It may be a question of semantics. People tend to confuse the terms "file" with "record" and "lien" with "lawsuit."

If by "file a lien" you mean record a lien at whatever office records documents, then it should not matter who prepares the papers nor should it matter who delivers it to the official for recording. A lien is simply an unproven allegation that one person owes another money. Just what does the management company think will happen at the end of the year? Do they think the recorder will purge the records of all liens not filed by attorneys? (Actually, that could happen but is highly unlikely unless there is a statute about recording liens.)

If "file a lien" means filing a lawsuit to collect via civil action in court, then you need to do some investigating. It may be that by filing a lawsuit pro per that you have only one year in which to commence prosecution while an attorney may have a longer time to act.

Regardless, I would go back to the management company and ask for their source of information and then verify it by looking up the appropriate statutes or rules of court.

I would ask the MC to please direct you to the applicable statute.