Delinquent dues

Started by AnneM2 • 10 replies • 1470 views

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AnneM2 (North Carolina)
Posts: 30

Posted:

I'm in N.C. in a county where a Claim of Lien can be filed for less than $10 as long as the proper notifications have been made. My HOA Board insists that the lien and notifications must be made by an attorney but as soon as an attorney is brought into the mix, the cost of recovery exceeds what we stand to recover. Of course, all attorney fees are the responsibility of the owner but if the owner does not pay the attorney's bill, the HOA must. Anyone else have a problem like this?

SidneyP (Florida)
Posts: 302

Posted:

I don't know how much your accounts are delinquent but ours is over $16,000(17 HO's)....We had a MC that filed the liens for us, $10. lein, $10. for them to file for us.....Our President and her Board (hand picked) fired that MC and hired one who won't file, as you said, we must use an attorney....We have no money for the over $400., letter of intent /file of lien so they do nothing. We have already lost $3600. from one HO....and have many more over $2000. sitting there w/no leins. Several of these units are up for sale....It appears the Board rules and can make these decisions.

BrianB (California)
Posts: 2,820

Posted:

In missouri, we require people who make statements like "filing a lien requires an attorney" to provide proof, in writing or physical presence. that's why Missouri is the "show me" state. It may or may not be true, but when there is doubt, ask for proof.

ask, politely, that the board educate you as to where the state, county, courts, or covenants require an attorney file the liens. if they prove it, then you are better educated and more knowledgeable, win for you. If they can't, then file away, and you win.

MaryA1 (Arizona)
Posts: 7,043

Posted:

AnneM,

I would suggest checking with the Co. Recorder's office. Some states do require attorneys to perform certain services that are not required to be performed by attorney's in other states.

DianeW (Maryland)
Posts: 147

Posted:

I am in north Florida and our developer owes a substantial sum. Our one attorney has been reluctant to file a lien against him and I believe it is because she knows him. Well, he owns 45 of our lots and adding interest brings him up to well over $20000 of delinquent payments. We have started talking to another attorney but he said we need to bring in a collections attorney. That being said, we are filing liens next week on three other homeowners and will follow with the 45 for the builder shortly. Our liens only cost $10 as well but I had one attorney tell me the other day that I would be negligent in my responsibility as treasurer to not follow through on these liens. I only regret that the liens are only good for one year so I feel like we will be throwing money away refiling each year as long as the economy stays in this slump. But to not file means we will never see our money.

DianeW (Maryland)
Posts: 147

Posted:

I forgot to add that I did show the Clerk of Courts my anticipated filing papers and she said they were fine. Adding an attorney to the mix would just add thousands of dollars. We have tried getting the developer to talk to us to no avail.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Diane - your attorney was right. You have a fudciary responsibility to file those liens. Just keep them updated.

In 5 or 10 years from now, the current serving board will say that you did all you could do. No matter how it turns out.

LindaD4 (South Carolina)
Posts: 12

Posted:

Anne:
I am in SC our board has filed liens down at the Register of Deeds office. We have checked, we do not need to involve an attorney to file these liens. The lien is legal and will have to be paid before the owner can sell the property. It cost us $10.00 per lien. All of these liens were filed for past due HOA dues.
We notify via certified mail with a 30 day time limit to remit, we may send second letter giving another 10 days, after that a lien is filed. Once the lien is filed we then notify homeowner that this lien has been filed.

RogerB (Colorado)
Posts: 5,067

Posted:

Attached is an example of Rules and Regulations for an HOA in Colorado. The amount of the late charge we recommend varies depending on the severity of delinquent accounts. When filing a Notice to Lien it does not require an attorney but there are regulations with regard notice to the Owner prior to filing a lien and providing a copy after the lien is filed. Also, make amount charged sufficient to encourage payment and if still necessary to file the amount will cover cost of the Release of Lien.

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📎110741719571.txt(4 KB)

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Linda,
I also am SC and you are correct as far as you go. Problem that is prervasive is the late payment of dues is likely to be followed by a foreclosure notice. When the property is offered for sale any claim an association may have is no longer first or second or even third in line. So, try and get anything out of the late payer you can before her goes to foreclosure and that probably ain't gonna happen. Anyone knowing they are headed for foreclosure knows this.

Once the property is sold, there is probably a restriction in your documents that forbids the regime from billing the new owner for the old owners bill. All the new owner will get billed for is from the time he settled on the property.

If, by chance, there is any equity left over after the sale, the Judge could award money to the Regime, or not, from what I understand. Suppose a Bank got the property and felt they could hold it as an investment, maybe, they would pay his arrears, and maybe you could sue the bank for it, but nothing is cut and dried util the sale is settled.

The regime could accually lien the property and foreclose on it, but it takes some knowledge and some bucks and you end up with a property your regime would have a hell of a time picking up on your books and managing, I am sure you can see where that would lead.

LindaD4 (South Carolina)
Posts: 12

Posted:

You are right Robert, if it does go into foreclosure the HOA will not get the money and I should have clarified that in my answer. In our community over 95% of late payers are people who simply don't care if they pay dues or not. Where we are able to recoop our money is when the property goes through a normal sale.

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