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how to put a lien on property


I'm a treasurer for an association. We have dues each year for roads, shower house, and headquarters, etc. what should we do before we put a lien on there property and what forms should we use. the county charges 103.50 for the lien and to remove it.

1 reply

Jan 18, 2021
Your Association likely already has a mechanism for an "HOA Lien" in place in your CC&Rs, so it is very likely the case that you do NOT have to file a separate document as a "Lien" to spell out what the property owner owes to the Association. Foreclosing on the lien (i.e., taking action to collect on the amount owed by homeowner) is really the next step. Your CC&Rs should also spell out those steps and that all such "collection costs" (including legal fees, court costs, recording fees, etc.) ARE also recoverable against the offending property owner(s). It is not a fun thing to have to "sue your neighbor" but sometimes there are those who don't want to share in the costs of the community on an equitable basis. In the vast majority of cases, everyone, when they acquired title to the property within the boundaries governed by an Association, became subject to the Associations governance (and responsibility for dues, etc.) pursuant to the recorded CC&Rs. Good luck.

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