Putting a lien on a property in SC

Started by HeatherJ1 • 11 replies • 5525 views

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HeatherJ1 (South Carolina)
Posts: 89

Posted:

I saw somewhere on here that we do NOT need an attorney to put a lien on a homeowner's house who has not paid HOA dues.

They (before I was on the board) recently put a lien and paid hundreds to the lawyer. And yes, those hundreds should be paid back by the homeowner, but in the future we should not use an attorney if it is not needed as it is tying up HOA funds.

Does anyone have a link to that law in SC so I can show it to my board?

BrianB (California)
Posts: 2,820

Posted:

South Carolina doesn't make it easy to find lien information (except for construction and mechanic's liens).

Here's the results of a ten minute search: State lien laws for apartments and condos.
http://www.scstatehouse.net/code/t27c031.htm
this doesn't necessarily apply to single family detached HOA's, however.

I also found that HOA's can represent themselves in magistrate court, but need attorneys in circuit and federal court. I would assume that an initial lien/foreclosure is filed in magistrate court (or even outside of court, perhaps.. many liens are simply recorded). Thus, by inference, a lawyer is not required.

HeatherJ1 (South Carolina)
Posts: 89

Posted:

Thanks, Brian. That's the same site I ended up at and also couldn't find info on single family homes. But all you said does make sense!!!!

I think there are some SC people here.

LindaD4 (South Carolina)
Posts: 12

Posted:

Heather:

Brian is correct, SC doesn't make it easy and I'm not sure that a link exsists to give this info. for SC.
I am in Horry County. I simply called down to the Register of Deeds office and asked them. In Horry Cty. you do not need to obtain the services (or the tremendous cost) to file liens. The cost in Horry Cty. is $10.00 per lien to file and $5.00 per lien to remove. I'm sure if you know of any one on another HOA board, they would be able to provide you a sample of the form. If not, let me know and I will show the form I use.

NicholasC4 (South Carolina)
Posts: 1

Posted:

Linda, can you please provide your template for liens?

KerryL1 (California)
Posts: 14,550

Posted:

This thread is really old, and I haven't seen Linda's name here for a really long time. Best to start a new one, Nicolas.

KerryL1 (California)
Posts: 14,550

Posted:

This thread is really old, and I haven't seen Linda's name here for a really long time. Best to start a new one, Nicolas.

LetA (Nevada)
Posts: 2,679

Posted:

Quote:

Posted By HeatherJ1 on 10/08/2008 1:18 PM
I saw somewhere on here that we do NOT need an attorney to put a lien on a homeowner's house who has not paid HOA dues.

They (before I was on the board) recently put a lien and paid hundreds to the lawyer. And yes, those hundreds should be paid back by the homeowner, but in the future we should not use an attorney if it is not needed as it is tying up HOA funds.

Does anyone have a link to that law in SC so I can show it to my board?

TRUST ME, You want a lawyer to file the lien. I would suggest finding a collection agency that has a lawyers on staff for this purpose; you kill two birds with one stone.

GenoS (Florida)
Posts: 4,276

Posted:

Heather's post is over 11 years old.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

While an old post, in SC any Officer of the BOD can file a lien in Magistrates Court for a small filing fee of I believe less than $50.00. No need for a lawyer.

RoyalP
Posts: 1,104

Posted:

Quote:

Posted By JohnC46 on 02/24/2019 4:43 PM
While an old post, in SC any Officer of the BOD can file a lien in Magistrates Court for a small filing fee of I believe less than $50.00. No need for a lawyer.

S/B: File a PETITION for a lien .......

however

'Most' HOA liens already exist by virtue of the Covenants and merely require RECORDING with the register of Deeds.

Said 'recording' does not require an attorney.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By RoyalP on 03/01/2019 12:30 PM

I agree. Our Covenants say a lien exists by virtue of signing the Covenants.

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