Liens

Ann, following are example forms we use for Notice of Lien and Release of Lien.

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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: _____________________________

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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:_____________________

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.

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

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.

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.