Full question:
I live in a condo complex, which has 20 units, so we have 20 members. The association fee is $65 per month. We have a member that refuses to pay his monthly fee, so the assoc. filed a lien on the property through an attorney. The member had property up for sale then took it off the market. He still refuses to pay his fees. Other than a property lien, how can we collect the back fees? Can we attach his personal property, like his 2 trucks or other property? What is our recourse (other than a lien)? He could go forever and not pay his fees. The remaining owners are paying for all his services.
- Category: Civil Actions
- Subcategory: Liens
- Date:
- State: National
Answer:
Typically, when a lien isn't satisfied by voluntary payment,
the lien is satisfied through court procedures for execution of a lien.
Often, a HOA's bylaws contains provisions for foreclosing on property
that is subject to a lien or seeking to collect the amount due through a
court action for breach of contract. If a court judgment for money
damages it obtained, it may still be necessary to levy on the judgment
debtor's property to collect the amount due. I suggest contacting the
local clerk of courts, as procedures regarding enforcement of liens
varies by court.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
