If a property such as a condominium or apartment is under the management of a homeowner’s association (HOA), the property owner may be required to pay recurring fees to the HOA. Failure to pay fees owed to an HOA gives the HOA the right to file a lien against the property owner. After obtaining a lien against a property owner, the HOA can file suit on the lien and foreclose on the property.
Contact the county recorder where the HOA is located. Depending on the laws and procedures of the state where the HOA is located, the HOA may be required to file either a general notice of lien or a condominium notice of lien with the county recorder where the property is located.
Obtain a notice of lien form. In most states, your county recorder will be able to provide a notice of lien form. If not, you can obtain one from your local bar association or a legal stationery store.
Fill out the notice of lien. While the content required by a notice of lien form varies by state, you will need to provide the city and county where the lien is being filed, the legal name and address of your HOA, the name and address of the property you are filing a lien against and the tax number of the property. Provide the amount of the lien, the date the property owner’s delinquency arose and the reason for filing the notice.
File the notice with the county recorder where the HOA is located. The filing fee for a notice of lien varies by state and county, but may range from $20 to $75. After filing a notice of lien, an HOA is required to file suit within a period of time, which may be up to one year, in order to perfect the lien.