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Filing HOA lien

Georgia
Anonymous Contractor

Is there a specific form required to file a lien on property for past due HOA annual asessments in Gwinnett County, GA?

1 reply

Levelset Admin at Levelset
| 389 reviews
Aug 18, 2020
In Georgia, an HOA lien for past due assessments arises solely out of the fact that the assessments have not been paid. The recording of the Declaration of Covenants, Conditions, and Restrictions (CC&Rs) provides the required notice of the existence of a potential lien, and no further recording of any particular or specific document for any claim of lien is required. However, there are some document requirements. If the property owner makes a request for a statement of the assessments due, the association must provide such a statement within 5 days of receipt of the request. Failure to provide the statement will result in the lien being extinguished. Further, the association is required to provide a notice to the property owner (sent via certified mail, return receipt requested) at least 30 days prior to initiating a foreclosure action.
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