Filing a property lien in Oregon

Started by MarshaF • 2 replies • 2653 views

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MarshaF (Oregon)
Posts: 36

Posted:

I am President of a small HOA in Oregon consisting of 25 lot owners. Most of our property is not developed yet. Some lots were purchased as investment and may never be built on. We currently have 5 fulltime owners who have built and another 3 more building this year. We have one lot owner, who lives in California, and has refused to pay his HOA assessment every year. His lot is vacant and he has it for sale. The assessment is $200.00 annually. We have tried to enforce him paying, but he refuses to sign for certified/registered mail. He will not return phone calls. My question is: do we need to hire/use a lawyer to file a property lien in Oregon, or can the BOD file it themselves ? Also, if his property should sell and we don't have a lien on it, does that mean we are out the back assessment ?
Thank you,
Marsha

DonnaS (Tennessee)
Posts: 5,671

Posted:

Marsha,
In almost all States, a lein is required to be filed by an attorney. If you want to recoup any part of your money due, I would get a lein judgement filed against this guy asap. Just the way he refuses to co-operate or respond, makes him first in line for your association to make him fulfill his obligation as an owner and that is to pay his fair share. And yes, if he sells you will be out the money unless you have papers filed against him.

My State has another type of guarentee in favor of the association. If you sell a property, the Title Search will check to see that all association dues are currently paid in full, otherwise it is deducted from the sellers payoff.I am sure that other States do that too so make sure that you keep track of this sale.

MarshaF (Oregon)
Posts: 36

Posted:

Hi Donna,
Thank you for the info. I've been in touch with the listing agent for the property and made her office aware of the situation. Our state also requires a title search and required monies be paid before the deal is finalized. I was just curious if we could file the necessary document without the aid and incurred costs of an attorney. Thank you again for your input.
Best Regards,
Marsha

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