Copy of HOA lien paperwork

Started by JamesB28 • 5 replies • 719 views

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JamesB28 (Ohio)
Posts: 4

Posted:

I am VP of a small HOA transitioning from builder to homeowner control. I am evaluating the process of writing lien paperwork and recording the same to determine if we must plan to use the services of a lawyer. There is no immediate need for a lien. Having never seen the paperwork for a lien means I'm working in the dark. Is someone willing to share an appropriately redacted copy of a lien actually recorded in Ohio? Or give me the county, Recorder's book number and pages of an existing lien recorded in Ohio?

BenA2 (Texas)
Posts: 1,273

Posted:

If you don't get a response from someone in Ohio, I would suggest going to the county and ask for help. Liens are usually public information so you should be able to get a copy of one as well as the process of filing one.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Each state or county is different when it comes to filing liens. The HOA being a corporation it may be required to have a lawyer file the paperwork. Other states, liens are more "understood" and automatically imposed. It is best to call your county to ask what the process is.

Remember liens are for unpaid dues. It's not for fines typically. So don't get too carried away till you find out that information as well.

Former HOA President

DouglasK1 (Florida)
Posts: 2,046

Posted:

I don't know how common this is but in our county the clerk of the courts and recorders offices have prominent signs saying they can't give legal advice, which they interpret pretty broadly to avoid providing much help on anything.

Escaped former treasurer and director of a self managed association.

JamesB28 (Ohio)
Posts: 4

Posted:

DouglasK1 hits the nail on its head, no help and no cooperation from the civil servants. Do you suppose the lawyers union has anything to do with this? Hence my request for an existing copy or directions to find a Notice to Lien in the public records. Last resort is pay a lawyer to do the first one.

TimB4 (Tennessee)
Posts: 21,059

Posted:

James,

Here is some info from the internet:

Ohio HOA Foreclosures from nolo

Ohio 5312.12 Liens from the OHIO planned community laws.
From that section:

The lien is effective on the date that a certificate of lien is filed for record in the office of the recorder of the county or counties in which the lot is situated, pursuant to authorization by the board of directors of the owners association. The certificate shall contain a description of the lot, the name of the record owner of the lot, and the amount of the unpaid assessment or charge. It shall be subscribed to by the president of the board or other designated representative of the owners association.

As others have posted, I'd suggest looking at public records and find a lien that has been filed by an HOA and use that as an example. Otherwise, it may be best to simply pay an attorney for this one and develop a How To Guide for any future liens.

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