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Notice of lien

Started by CeceliaV • 5 replies • 2453 views

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CeceliaV (North Carolina)
Posts: 30
Posted:
Hi, I am new to this board and newly elected treasurer of our HOA in NC.

How is a lien sent to the homeowner who has not paid dues? I would think it would need to be sent by registered mail -return receipt requested so we have proof that the homeowner received notice of the lien.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Cecella,
I would have to depend what you are fining for.

You state for not paying dues, but you would not just up and lien a property without notification of late fees (fines, whatever). Look at your documents and hopefully you will find direction. It is pretty much different approaches for different violations. If your documents say nothing, look for state statutes and if you are incorporated look at non-profit laws. However, if all this is Greek to you, strongly recommend your association immediately start the process of obtaining legal advice.

As far as the notification of a lien filing, I would think when you file at your courthouse there will be instructions how best to proceed. But, if all this is, is just a notification of late payments or no payments on assessments, this is a restriction and covenant violation and your documents should absolutely address it. If not you better get some covenants passed.
PeterB1 (Florida)
Posts: 257
Posted:
Quote:
Posted By CeceliaV on 04/06/2010 10:19 AM
Hi, I am new to this board and newly elected treasurer of our HOA in NC.

How is a lien sent to the homeowner who has not paid dues? I would think it would need to be sent by registered mail -return receipt requested so we have proof that the homeowner received notice of the lien.

Once you have met ALL your legal obligations to notify - that means your state laws and governing documents, you are not required to notify the owner of the lien. Normally, your attorney will file the necessary documents at the county clerk office.

The purpose of the lien is to protect your association in the event that the home is sold - while dues are owed. There is nothing about a lien that is going to force the resident to pay his/her dues.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Yikes Peter,
Suppose the purpose of the lien is to lien the property as in foreclosure. I expect the service of a lien on a homeowner is a great motivator to come up with the cash if possible. Not all liens are issued to folks that just can't pay their bills.
GlenL (Ohio)
Posts: 5,491
Posted:
Quote:
Posted By CeceliaV on 04/06/2010 10:19 AM
Hi, I am new to this board and newly elected treasurer of our HOA in NC.

How is a lien sent to the homeowner who has not paid dues? I would think it would need to be sent by registered mail -return receipt requested so we have proof that the homeowner received notice of the lien.

Welcome Cecelia, NC just changed its requirements for filing a lien for HOA's last year: http://www.ncga.state.nc.us/Sessions/2009/Bills/House/PDF/H806v6.pdf

If you are unclear on all of the requirements you could find an attorney to file the liens for you. There are attorneys that do not charge the HOA but collect their fees directly from the homeowner including the filing fee and the fee to release the lien. If you decide to file the liens yourself then don't forget to add these amounts to the lien.
Studies show that 5 out of 4 people have problems with fractions
FranD (Georgia)
Posts: 102
Posted:
In our community, a lien is sent from our management company. The Board gets a copy with the monthly financial reports but the neighborhood in general isn't notified.

The delinquent homeowner gets so many notices. Kinda like three strikes and you're in trouble...

We have had three people with liens. One was a single mom and our HOA started a helping hand fund for her to get her through a rough time. It was all anonymous through our management company. Some liked the idea and you always have some that don't. Another homeowner just didn't pay until time came to sell. etc

Some Covenants even state if you are delinquent then you also can't vote.

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