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AnnP
(Connecticut)

Posts:3

04/26/2006 11:20 AM
Does anyone have a sample lien they used for an unpaid assessment? Thank you!

RogerB
(Colorado)

Posts:3724

04/26/2006 12:39 PM
Ann, following are example forms we use for Notice of Lien and Release of Lien. -------------------------------------------- NOTICE OF LIEN NOTICE IS HEREBY GIVEN that pursuant to the Declaration of Covenants, Conditions, and Restrictions of (Name) Homeowners Association, recorded April 1, 1993, at Reception No. _____, in the records of the Clerk and Recorder of Douglas County, Colorado, the present owners of (address-legal description), also known as (address- street), are delinquent in the payment of assessments, interest, late charges, and/or other fees and costs in the total amount of $____________ as of (date) , and that said amount, together with any future delinquencies in assessments, interest, late charges, and/or other fees and costs provided for in the above referred Declaration shall draw interest in accordance with the terms of the above referred Declaration. (Name) Homeowners Association, Inc. __________________________________ Roger Borcherding, Managing Agent 9723 Cypress Point Circle Lone Tree, CO 80124 STATE OF COLORADO ) ) ss. COUNTY OF DOUGLAS ) The foregoing instrument was acknowledged before me this _______ day of _______________, 2006, by Roger Borcherding, Managing Agent for (Name) Homeowners Association, Inc. My commission expires: ________________________ ________________________ Notary Public Signature Copy to Owner of Record: _______________________ Address of Record: _____________________________ ------------------------------------------------ RELEASE OF LIEN Notice of lien recorded by the (Name)Homeowners Association, Inc., a Colorado non-profit corporation, on the _________ day of _________________, 2006, Reception No. _______, of the records in the Clerk and Recorder’s Office at the County of Douglas, State of Colorado, is hereby released in full, and the following described property located in Douglas County, Colorado, to wit: (address- legal description). Also known as (address- street. (Name) Homeowners Association, Inc. __________________________________ Roger Borcherding, Managing Agent 9723 Cypress Point Circle Lone Tree, CO 80124 STATE OF COLORADO ) ) ss. COUNTY OF DOUGLAS ) The foregoing instrument was acknowledged before me this _________________ day of ______________, 2006, by Roger Borcherding, Managing Agent for (Name) Homeowners Association, Inc. My commission expires: ________________________. ____________________________ Notary Public Signature Current Owner of Record: _______________________ Mailing Address of Record:_____________________

Roger Borcherding Official HOATalk.com Sponsor DARCO Property Management (Colorado) (303) 925-0150 *See legal notice below (end of page) or go to www.hoatalk.com/legal

AnnP
(Connecticut)

Posts:3

04/26/2006 1:44 PM
Roger, thank you for your reply!

LisaS
(Illinois)

Posts:339

04/27/2006 2:56 PM
I have a Lien and Release that we use in Illinois that I can include if it helps.... let me know You may want to check with your recorder's office for requirements. We must include legal description of association and Property Identification Number/address/lot number. If we don't, we pay on average and extra $10 per document as a 'non standard' format.

AnnP
(Connecticut)

Posts:3

04/27/2006 3:39 PM
Lisa, I'd appreciate if you could attach your lien as well. Thanks!

LisaS
(Illinois)

Posts:339

04/28/2006 6:43 AM
Note the formatting might not survive cut and paste....here's the lien: LIEN STATE OF ILLINOIS SS. COUNTY OF WILL IN THE OFFICE OF THE RECORDER OF DEEDS OF WILL COUNTY, ILLINOIS WILDING POINTE HOMEOWNERS ASSOCIATION, Inc., An Illinois Not-For-Profit Corporation, Claimant, vs. John Smith Defendant, CLAIMANT, WILDING POINTE HOMEOWNERS ASSOCIATION, Inc., an Illinois Not-For-Profit Corporation, hereby files a Claim for Lien against John Smith and states as follows: As of the date hereof, the said John Smith was the owners of the following described land, to wit; Lot Number 274 in Wilding Pointe subdivision, as delineated on the Plat of Survey, recorded on the 20th day of April, 2000 as Document No. R2000040175, of the following described parcel of real estate: That part of the Southwest Quarter of Section 33, Township 37 North, Range 9, and the Southeast Quarter of Section 32, Township 37 North, Range 9 East of the Third Principal Meridian in Will County, which survey is Exhibit B to the Declaration of Covenants and Restrictions recorded in the Office of the Recorder of Deeds of Will County, IL, together with its undivided percentage interest in the common elements as set forth in said Declaration, as amended from time to time, and right to the restricted use of limited common elements assigned to such unit pursuant to said Declaration. PIN# 01-33-306-022-0000 13356 Blackstone Lane , Plainfield, IL 60585 That the said property is subject to a Declaration of Home Ownership, Covenants, and Restrictions for WILDING POINTE HOMEOWNERS recorded as document No. R2000052972 in the Office of Recorder of Deeds of Will County, Illinois on the 19th day of May, 2000, and that Article II Section 18 of said Declaration provides for the creation of a lien for the periodic assessments or charges of the Association, and for special assessments for capital improvements together with interest, costs, attorney’s fees and expenses necessary for said collection. That the balance of the assessment due, unpaid and owing to the Claimant on account thereof after allowing all credits, is in the amount of $ 325.00 for which, with interest, costs and attorney’s fees, the Claimant claims a lien on said land and improvements and notes that the owner obligation is an ongoing obligation. WILDING POINTE HOMEOWNERS ASSOCIATION, Inc. BY: Lisa , Vice President for the Ass’n STATE OF ILLINOIS COUNTY OF WILL ___Lisa _________________, being first duly sworn, on oath deposes and says, that she is the ___Vice President_____________ of WILDING POINTE HOMEOWNERS ASSOCIATION, Inc., an Illinois Not-For-Profit Corporation, the above named Claimant, that he/she has read the foregoing Claim for Lien, knows the contents thereof, and that all the statements therein contained are true. SUBSCRIBED AND SWORN to me this day of , 2006 Notary Public This document prepared by: Mail To: Lisa, Vice President WPHOA Wilding Pointe HOA PO Box PO Box Plainfield, IL 60544 Plainfield, IL 60544

LisaS
(Illinois)

Posts:339

04/28/2006 6:45 AM
release: RELEASE OF LIEN Pursuant to and in compliance with the Illinois statute relating to liens, the undersigned, Wilding Pointe Homeowners Association, Inc. does hereby acknowledge satisfaction or release of lien against John Smith and Mary Smith for $150.00 on the following described property: Lot 266 in Wilding Pointe Subdivision, as delineated on the Plat of Survey, recorded on the 20th day of April, 2000 as document No. R2000040175 of the following described parcel of Real estate: That part of the Southwest Quarter of Section 33, Township 37 North, Range 9, and the Southeast Quarter of Section 32, Township 37 North, Range 9 East of the Third Principal Meridian in Will County, which survey is Exhibit B to the Declaration of Covenants and Restrictions recorded in the Office of the Recorder of Deeds of Will County, Illinois which claim for lien was filed in the Office of the Recorder of Deeds of Will County, Illinois, as lien document number R2005074176 Commonly known as: 13454 Blackstone Lane, Plainfield, IL 60544 PIN 01-33-306-030-0000 IN WITNESS WHEREOF, the undersigned has signed this instrument on the 22nd day of April, 2006 Wilding Pointe Homeowners Association, Inc. By:__________________________________ Lisa, Vice President State of Illinois ) ) SS County of Will ) The undersigned, a notary public in and for the county in the state aforesaid, do hereby certify that Lisa, personally known to me to be the same person whose name is subscribed in the foregoing instrument, appeared before me this day in person, and acknowledged that he signed and delivered the said instrument as her free and voluntary act, for the uses and purposes therein set forth. Given under my hand and notarial seal this 21st day of April, 2006 _________________________________ Notary Public This document prepared by: Mail To: Lisa, Vice President WPHOA Wilding Pointe Homeowners Association PO Box PO Box Plainfield, IL 60544 Plainfield, IL 60544

RaoP
(Georgia)

Posts:3

04/28/2006 9:10 AM
Here is a sample of what we have used: STATE OF GEORGIA COUNTY OF FULTON XXXXXXXX Town Home Owners Association, Inc. hereinafter referred to as the LEINOR, files this statement in writing verified by the oath of XXXXX XXXXXXXX, who has personal knowledge of the facts set forth: That said, XXXXX XXXXXXXX Town Home Owners Association, Inc. claims a lien upon the following property, situated in the Fulton County, Georgia, to wit: the town home and the lot of land it is situated in, with the below furnished location: Lot Number: 41 of XXXX XXXXXX Subdivision Address: 3506 XXXXXX XXXXXX XXXX City: Alpharetta Zip Code: 30004 State: Georgia The lien in the amount of $1000 (One thousand dollars) is claimed, separately and severally, as to both the building and the improvements thereon and the said land. The lien in the amount of $1000 (One thousand dollars) claimed is for satisfaction of a claim which became due on: August 8, 2005 covering the membership dues on account of Monthly Maintenance, Water/Sewer Charges, Late Fees and Costs incurred on Dues Collection and Legal Services in connection with the real property described above. The name of the owner of the said property is: XXXXX XXXXXXXX. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CLAIMANT’S NAME: President for and on behalf of: Town Home Owners Association, Inc.

WilliamS1
(South Carolina)

Posts:58

05/31/2006 7:41 PM
We are a South Carolina HOA with 110 townhomes. What is a typical Lien Filing Fee? Our MC does the work when the situation arises and they charge $200. The $200 is paid to them when issue is settled. Does the amount and process sound normal? Also If regime fees are not paid within fifteen days of due date, a $10 late fee is applied to the account. If account becomes three months past due, the MC sends a certified "Warning of Lien" with 7 days to address and 30 days to correct. Does this sound normal? Can we charge interest on late fees and on lien fees until situation is resolved? Thanks

RogerB
(Colorado)

Posts:3724

05/31/2006 8:31 PM
William, we charge $50 per filing and pay for the filing fee. A $10/mo late fee, 15 day grace period, and 30 day written notice before filing a lien are good choices IMO. You can continue to charge late fees and interest until the account is no longer delinquent. If the account is turned over to an attorney make sure they continue to bill the late fees and interest on the total monthly account balance.

Roger Borcherding Official HOATalk.com Sponsor DARCO Property Management (Colorado) (303) 925-0150 *See legal notice below (end of page) or go to www.hoatalk.com/legal

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