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Subject: Are Liens Against Builders Effective and Worth The Trouble?
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11/30/2005 11:19 AM  
In my HOA, we are part of a new, and growing neighborhood. A majority of the boards work right now is keeping the builders in check with regards to compliance with the bylaws (the builder has turned the neighborhood over to the HOA) in their daily construction activity (e.g., Siltation control, trash control, etc.)

We've already sent warning letters to builders who are violating the bylaws and affecting residents living in the nieghborhood (in addition to verbal requests).

The success rate (i.e., favorable response from the builders) is about 10%. Phase 2 of this letter writing campaign (actuall, our proposed course of action) will indicate that the HOA will take it upon themselves to fix the problems, slap a lein on the property for the costs of the repairs, and send the builder a bill (after which lien will be removed if they pay the bill).

Can anyone provide feedback as to a better approach, the effectiveness of this, or simply things to watch out for?


President, SVR HOA of Edmond, OK


04/28/2006 12:39 PM  
Before posting a question I looked through existing posts and this is exactly my question too. IS there anyone out there that has had any experience or knowledge of how this can work best?



04/28/2006 12:59 PM  
I presume they own units in the HOA. Therefore, they can be treated like anyother owner. Just make sure to take photos and otherwise document they or their guests are the violators. Then follow the procedures applicable in your state.


04/30/2006 9:47 PM  
I am not going to answer the question specifically about liens, however, I will answer about taking actions against builders in our HOA. The responsibility all goes back to the member whose property is being built on unless the builder/contractor is the member. Time, and time again we came up against this problem and our only alternative was to fine the member who then had to deal with their builder/contractor. We would write the violation letter to both, of course, and most times the contractor would accept the responsibility and pay or correct the problem.
Finally we have decided to require a large enough damage deposit on any new construction within our HOA to offset the damage to our roads, community property, etc. that can occur during construction.
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Forums > Homeowner Association > HOA Discussions > Are Liens Against Builders Effective and Worth The Trouble?

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