What recourse does the HOA have to collect dues each month?
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.
04/29/2009 |
Category: Civil Actions ยป Liens |
State: ALL |
#16395
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.