Very small NC HOA need to place a lien

Started by FrankM • 5 replies • 3786 views

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FrankM (North Carolina)
Posts: 3

Posted:

Has any HOA's placed a lien on a homeowner without having a management company? We are only on our 2nd year and don't have the money to hire a MC or Atty at this point. Any help would be greatly appreciated.

RogerB (Colorado)
Posts: 5,067

Posted:

Frank, you can but need to be very careful that you comply with state statutes and follow proper procedures. Filing a Lien is a serious act and if you don't have the expertise it could cost your HOA a lot more than hiring a competent professional.

You can search for and review posts on Delinquent Assessments and Lien.

MikeS1
Posts: 668

Posted:

Our attorney usually performs this task, but it goes through a professional MC first.

MikeS1
Posts: 668

Posted:

Our attorney usually performs this task, but it goes through a professional MC first.

BrianB (California)
Posts: 2,820

Posted:

we used to do it without lawyers or management companies (the paperwork is actually simple), but the new laws in Arizona (and many other states) has made it impossible to do this simply anymore.

In general, you cannot place a lien on a home except unpaid assessments and late fees (ie, no lien for fines, penalty things, etc.), and you must get a judgement first, through a court/claims process.

I am not a lawyer, so you should contact a real attorney who knows your state laws. Your mileage may vary. Batteries not included.

FrankM (North Carolina)
Posts: 3

Posted:

Thank you for all your help

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