Need help lien/collection

I'm the treasurer of a **very small** (10 condos) association. One of the 9 owners has paid his HOA dues maybe 4 times in the past 3 years and blew off the one special assessment we had. He owes us over $2000 now. I know the guy is hard up, but during this time he has had various remodeling work done on his place and has gone on vacation out of the country. The HOA is obviously his lowest priority, and this creates a hardship on the other 8 owners. We need to make sure that we are first in line for the money he owes us in the event he sells his home or if it get's foreclosed on.

Does anyone have any information on how we go about filing a lien against his property? This is in Arizona, and I can't find any info on the Internet about this. We are so few and operate on such a shoestring that getting professional management or legal assistance is beyond our means. Any help or advice would be greatly appreciated.

In Arizona your condo has an automatic lien for assessments until paid. Read this:
http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/33/01256.htm&Title=33&DocType=ARS

You will have to provide the information to the title company at close of escrow in order to get your payments. You are also entitled to foreclose for those outstanding funds. While you are there, for a start, read all the statutes that affect condos. Good luck.

David,
For a ten condo unit, don't you have some common space such as parking places, public areas in your association. Do you have common water or electriity?

As you progress through this I would keep Mr. Welcher informed by mail each time you do anything involving collection of his debt and remind him he may be liable for attorneys fees and court costs. Don't harass but be informative.

Now after you read all your covenants regarding liens and collections of dues, I am sure you will find the association can restrict any persons from using the common facilities. Cut his water off if you can, don't let him park on the property. The only thing you buy when you buy into a condo is the right to live in your unit and sell that right. All else is, in general, some king of common property and owned by all the residents in common. In other words, no single person owns anything, it is all owned jointly. The BOD is charged first and foremost with the responsibility of the REAL PROPERTY. That responsibility is legally bestowed and the decisions are legally enforceable. If you have any common road within the association, you can restrict that.

But, it is always best to seek local authorities and before you do, make an serious documented effort to work this out with him, and offer a payment plan to get him back on tract, have this is writing. Also check with your local authorities and see if the will offer any advice on how to collect this type bad debt.