I'm trying to file a lien on a homeowners home that is delinquent in HOA Fee's by $2,176.00. Our association attorney doesn't want to mess with it so now it is up to me, I have googled, researched, and stressed about this for about a week now. What form do we need to file with the county of the homeowner? I can only find a mechanics lien form & it wouldn't make since to file a mechanics lien. What are the steps I need to take to do this? I'm just a property manager and this is my first time ever doing so Can anyone help me out? Texas, Dallas County
Although Levelset provides information pertaining to construction law and construction liens, i.e. mechanic liens, most HOA's have the power to place a lien on a homeowner's property if the owner becomes delinquent in paying the monthly fees or special assessments. Texas property code §209.0094 - Assessment Lien Filing states, "a lien, lien affidavit, or other instrument evidencing the nonpayment of assessments or other charges owed to a property owners' association and filed in the official public records of a county is a legal instrument affecting title to real property."
The HOA will typically record a lien with the specific county recorder to provide public notice that the lien exists. It is likely a good idea to start with the specific county clerk office in which the lien will be filed for additional information on how to and when to file the HOA lien.