Liens

Association lien will be dissolved if they do not bring suit within 180 days.
Avail yourself or be dissolved.

Separate topic.
So you don't know either.

Given the significant differences in HOA/COA laws among the various states, it's likely that as a broad generalization it's not true. Which does not mean that it isn't true for some states.

I'll note that according to my community's governing documents, the past due assessments themselves are what create the lien. The recording of the lien is a separate action.

The liens in my state will expire after a certain time period. But all that means is that the association needs to revisit the individual situation and decide if it makes sense to foreclose or to simply record another lien. This will depend on the details of the situation: the likelihood of being able to collect past due assessments, the likelihood of being able to foreclose successfully, whether or not there is a lender in the picture, and so on.

That's not the same as saying that an association must take specific actions at that time. Sometimes it makes better financial sense to keep a lien on the property and collect past due assessments when the owner sells the home. This is perfectly legal in my neck of the woods.

In other words, simply waiting out the HOA is not a get-out-of-jail-free card for someone who isn't paying their assessments. The HOA always has the upper hand in such situations, because the law is on the HOA's side and *not* on the side of the person who isn't paying their debts.

A contractor place a lien on the association when the board did not pay him for work done.
The associations attorney finally filed with the court due to contractor did not avail himself within 180 days lien would be dissolved.and it was.

A contractor would put a mechanic's lien against a homeowner's address, not the association.

Once a lien is filed by my HOA, we are proceeding to foreclosure within 6 months if they don’t pay up.

A few years back we had a long discussion about foreclosures and why you can't generalize. Long story short: state laws differ and in many cases the association would be throwing good money after bad by trying to foreclose.

An association can have a policy about how to decide when to foreclose. But the actual decision to move forward should have a sound financial basis. In areas where homes are selling briskly, it can make more sense to leave the lien in place and collect past due assessments when the home is sold rather than paying the association attorney for their collection/foreclosure activities.

For instance, my community is in high demand, and homes are sold within a couple days of listing on the MLS (occasionally some are sold pre-listing). It would be foolish for us to pay our attorney when we have every reasonable expectation that we will see our money eventually. We do go through the normal procedures of dealing with late payments and routine collection actions - but with one exception we haven't foreclosed. We haven't needed to. But that could change in the future if we have another housing market bust like we did during The Great Recession.

Why is your HOA paying an attorney this?

Our law firm monitors the HOA delinquencies. Once an owner owes $500, the attorney, without board direction, is authorized to send a late notice. Every attorney service is charged to the homeowner and goes on the lien and foreclosure is within 6 months.

COPIED FROM A LEGAL SITE

In South Carolina, the statutory time period for the validity of an HOA lien is typically governed by the South Carolina Homeowners Association Act (SCHAA). According to SCHAA, an HOA lien for unpaid assessments generally remains valid for a period of 10 years from the date it was recorded. This means that the lien would typically expire after 10 years if no further action is taken to enforce or extend the lien. However, it's important to note that certain circumstances can potentially extend the validity of an HOA lien. For instance, if the HOA takes legal action to enforce the lien before it expires, such as filing a lawsuit or initiating a foreclosure process, the lien may continue to be enforceable beyond the initial 10-year period.

Not sure about foreclosing while the owner is in bankruptcy. We had one of those, and all collection activity had to stop until the bankruptcy played itself out. While the owner is paying off or discharging the debt covered by the bankruptcy filing, they're piling up more debt. Then the HOA files for foreclosure again once the bankruptcy period finishes, and cycle continues. These serial bankruptcy filers are the bane of community associations.

It's especially fun if they're renting out their home while they're not paying assessments. Yes, the association can go to court, and with luck the court will require the rent checks to be sent to the association - but that can't happen while the owner is still in bankruptcy.

The same laws that protect the debtor who is earnestly trying to get their finances in order can also shield the bad actor who uses the law against their creditors.