liens

Started by DavidR13 • 4 replies • 129 views

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DavidR13 (Virginia)
Posts: 14

Posted:

What must be in a lien on a property for non-payment of dues?

Anyone have an example form?

Thanks,

Dave
HOA Pres in VA

DouglasK1 (Florida)
Posts: 2,046

Posted:

This could vary by state. In my last association, we paid our attorney to file the first one, then used that as a template to do it ourselves going forward.

Escaped former treasurer and director of a self managed association.

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By DavidR13 on 03/04/2025 7:19 AM
What must be in a lien on a property for non-payment of dues?

Anyone have an example form?

Thanks,

Dave
HOA Pres in VA

Step 1. Do you have a collect policy that has been approved by the HOA”s attorney and distributed to the owners? That policy will contain provisions that all legal expenses are paid by the delinquent owner.

Step 2. Have your attorney file the lien and the board then charges the owner for that legal service.

TimB4 (Tennessee)
Posts: 21,059

Posted:

David,

Here is some info on filing a memorandum of lien in Virginia from a management companies site:

https://www.cedarmanagementgroup.com/judgment-lien-in-virginia-hoa/

My previous association was located in Northern Virginia.
Since there can be nuances with liens and procedures for liens, my Association always sent the issue to the attorney once a lien was to be filed.
Prior to doing that, we would inform the owner of our intention and reminding them of their responsibility of paying collection costs and that the legal bills would be considered a cost of collection. If the member was authorized to make monthly installments on the annual assessment, we would accelerate those payments and demand payment in full for the year. This way, the lien was for the entire years assessment vs. a few months.

I would suggest handing the issue to the attorney OR visit your county court house for an example (as things can vary from county to county)

DavidR13 (Virginia)
Posts: 14

Posted:

Thanks, as this is very helpful. Went to county court house, but they know nothing and don't know what is required. I will ask my board about our attorney.

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