How to File a Lien for Non Payment of Condo Fees

Liens for unpaid condo fees are filed with the Clerk of the Court's Office

Condominium associations have in their HOA (Home Owner's Association) agreements provisions for payment of association fees by each unit for the care and maintenance of the entire condominium including but not limited to: roofs, parking and drive ways, and all common amenities (such as club houses and pools).

Should a condo owner become delinquent in their fees, the condo association or HOA has the right to place a lien against the unit for payment of the arrears.

Things You'll Need

• Lien form
• Notary

Instructions

1. Give the condo owner notice of a pending lien action. Send a notice of a pending lien action via USPS Registered Mail to the condo owner. In many jurisdictions, the delinquent owner must be given 30 to 45 days notice (consult your state statutes to determine the legal standard for giving notice).

   Along with the notice, send a delinquency notice and an itemized statement of the fees arrears.

2. Obtain and complete the lien form. Lien forms can be obtained from most office supply outlets or by a national HOA. These forms will be necessary to complete filing the lien against the unit owner should he not pay the arrears in a timely fashion.

   To complete the lien forms, you will need the legal name of the HOA or the condo board, the full name of the unit owner, the full legal description of the condo unit, the city, county and state where the lien is being filed and the amount of the fee arrears.

   The signature will have to be witnessed and notarized in front of a notary public and copies should be made for the lien-holder (the HOA or condo association). Forward a copy to the unit owner.

3. File the lien. After 30 to 45 days of giving notice of a pending lien action, take the executed lien to the Clerk of the Circuit Court's Office, County Clerk or Superior Court and file the lien. The Clerk will have a schedule of fees to file the lien. Fees range around $10 to $20 in 2010 prices.

Tips & Warnings

• In the event the lien goes unpaid, it may be necessary to begin a foreclosure action for non-payment of condo fees.

• Have an attorney review the lien forms prior to filing to ensure they are executed correctly.

References

• New England Condominium: Keeping on Their Toes
• "Complete Guide to Real Estate Tax Liens and Foreclosure Deeds: Learn in 7 Days-Investing Without Losing Series"; Don Sausa; 2007

Resources

• Read this Article in Spanish