How Does a HOA Place a Lien on a Homeowner?

Q: What can an HOA do if you don't pay dues?

If you don't pay HOA dues, the association can take several actions, including sending reminders, imposing late fees, and ultimately placing a lien on your property. They may also initiate legal proceedings to recover the owed amounts. It's essential to address unpaid dues promptly to avoid these consequences.

Q: How to collect unpaid HOA dues?

To collect unpaid HOA dues, the association should first send a notice to the homeowner outlining the amount owed. If payment is not received, the HOA can impose late fees, file a lien, or take legal action. Maintaining clear communication and following the procedures outlined in the governing documents is crucial.

Q: What type of lien is an HOA lien?

An HOA lien is typically a statutory lien, which means it is created by state law to secure payment for unpaid assessments or dues. This type of lien allows the HOA to claim an interest in the property until the debt is paid, often prioritized over other claims in the event of a sale.

Q: How to get rid of HOA lien?

To remove an HOA lien, the homeowner must pay the outstanding dues, including any applicable fees and interest. Once the debt is settled, the HOA should file a lien release with the county recorder's office to clear the lien from the property records.

Full question:

I represent a HOA. What form do I use to place a lien for unpaid dues?

Category: Real Property
Subcategory: Homeowner's Association
Date: 04/07/2025
State: Florida

Answer:

A lien may be placed on the property for overdue HOA fees. An assessment lien form is typically used by a homeowner's association to place a lien against a homeowner for unpaid dues. Also, many Homeowner Association Declarations include provisions for charging interest on any upaid dues or assessments. The Declaration may also provide for attorneys fees if the Association is successful in proving their claim. We suggest you consult the applicable governing documents, as there are often bylaws stating how the procedures to be followed for a notice of deficiency to be provided before a lien is filed.

We can assist you with searching to locate forms or we can draft or add forms you may need to our database. However, we cannot advise you to use one particular form over another. We can show you what is available. Please see the forms at the link below to see if the forms meet your needs. You may order the form online or by phone by calling Toll Free: 1-(877) 389-0141 between 8:30am and 5:00pm Central Time Zone Monday – Friday.

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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.

FAQs

Can you put a lien on a house that is paid off?

Yes, an HOA can place a lien on a paid-off house for unpaid dues. The lien serves as a legal claim against the property until the debt is settled. Even if the homeowner does not have a mortgage, the HOA has the right to enforce its financial claims through a lien.