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:
If a lien isn't paid, it can be enforced through court procedures. Many homeowners association (HOA) bylaws allow for foreclosure on a property with a lien or for legal action due to breach of contract. If the HOA obtains a court judgment for the unpaid fees, it may be necessary to levy the debtor's property to collect the owed amount. It's advisable to consult with the local clerk of courts, as the enforcement procedures can vary by jurisdiction.
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.