Posted on Thu, Apr 11, 2013 @ 08:00 AM
Can a condo association put a lien on my unit for not having to pay for another set of special assessment fee that they said that we have to pay? I do make my monthly condo fee and one set of special assessment on time. I just cannot afford to pay for another set of assesment. Help!
Posted on Fri, Mar 29, 2013 @ 07:55 AM
A question that might be of general interest to many condominium unit owners arose during a March 2013 post: Can a lien be put on your property in secret? Can a lien be put on your property without documented notification; which might be 1) being served with a summons to court 2) receiving a certified letter or some other form of communication requiring official receipt. Under the law and under normal practice can an entity put a lien on your condominium unit without telling you? Opinions and comments on past experience would be interesting to this forum.
Posted on Thu, Dec 27, 2012 @ 08:34 AM
How can a property owner find out if the lien placed on their property for late dues (which have now been paid in full) has a release of filed with the court?
Posted on Sun, Sep 16, 2012 @ 08:25 AM
I was surprised to learn that when an HOA files a lien against an owner's property for failure to pay their HOA fees, the lien does not take precedence over the 1st or 2nd mortgage. If you obtain a loan to purchase an automobile, take that automobile to a repair shop, and then refuse to pay the mechanic, he can file a lien against your car which is superior to that of the lender's lien. Similarly, if you hire a contractor to perform repairs on your home and then fail to pay him, he can also file a lien against your property which is superior to that of your mortgage lender. Why does this not hold true for HOAs? What can be done to change the law?
Posted on Tue, Apr 10, 2012 @ 05:52 AM
What ways have other associations reduced their legal fees? How expensive is it to file a lien against an owner? Our legal fees for two years are roughly $15,000. Is that high?
Posted on Fri, Nov 25, 2011 @ 09:11 AM
My condo association placed a lien on my home without and notice in writing and they were not correct in the amount of the lien. Would this make it an illegal lien? I since have paid my balance in full. Also, the lawyers that they are using are charging more money for some people and less for others. Some people who have a $500 lien are being charged $1100 in fees and others have over $4000 are being charged $1500 and as low as $900. What gets me more mad is the community right next to us doesn't use lawyers to file liens and others use lawyers that only charge $150. Do I have a case to get out of the lien and have it removed and what is, if any, your take on the money charge by the law offices? Shouldn't the charges all be the same regardless of what the total amount of the lien is?
Posted on Sat, Nov 05, 2011 @ 09:30 AM
Besides putting a lien against a homeowner, how do you collect back condo fees. We put a lien against two condos that our builder owned, the condos went up for sale at a sheriff's auction and his wife bought them. We still most likely will not get our dues from their son who is living there in the future. Other than paying our lawyers another $5000-$6000 and recouping nothing is there anything that you guys have done which has been successful.
Posted on Wed, Sep 21, 2011 @ 06:01 AM
I own a condo in Rhode Island. I put the unit on the market one month ago. Several days before my scheduled closing, my realtor informed me of a lien placed on the condo association as a whole by a landscaping company. The condo association never informed any of the unit owners that a lien was placed on 7/23/11. Were they required to inform us of this information as it prevents the sale of any units. The buyer of my unit cannot get financing and has proceeded to back out of the deal. I moved out since I was not led to believe that there would be an issue from my realtor. Now I cannot sell the condo at all and I have to rent and pay for storage. Also, I proceeded to obtain a construction mortgage for a new home. I am in a mess if I cannot sell this condo.
Posted on Sun, Sep 11, 2011 @ 07:24 AM
Can an HOA put a lien on condo if the owners do not own any back fees? We have a person who likes working on their own cars. This is against HOA ccrs. We have sent them several letters including a cease and desist from our lawyers. They claimed to not be braking any laws. Do we first have to fine them then put a lien? Or can we only put a lien on if they owe something? Say we fine them, they pay the fine and they keep working on cars? what is our recourse? Thanks
Posted on Wed, Jul 27, 2011 @ 07:59 AM
Does a condo board have the right to put a lien on my condo when the items I was forced to replace were not the ones promised by the property manager in writing but worth 1/4th the price? The items installed were altered by the contractor as they were an off the shelf size and not made to fit in my condo. While altering the items, all 7 of my items were made defective by the contractor. The board ignored 3 important bylaws by doing this project and instead of doing the ethical thing and having the items replaced, they put a lien on my condo for the price of the $900 items I didn't receive. They are pretending they did the correct thing when in fact they did everything but the correct thing. Does New Jersey give the condo board the right to put a lien on someone's condo when the items are disputed by the condo owner because they are defective and not even the correct items the lien is for? I received $200 items and the lien is for $900 items at a 50% discount. What kind of power did our N.J. government allow these boards to have as I believe that some members of the board in my condo along with the PM and her husband's company have done some illegal things and even the condo attorney is lying for them to government official and the BBB. This whole project only took place because the condo lawyer lied to the Dept. of Community Affairs.