Thank you for your question. I look forward to working with you to provide you the information you are seeking.
1) There is no proper format for this letter and there is no template. Each lawyer writes their own letter to collect on a lien in their own format. As long as the letter explains the amount they are seeking on the lien they are sending the letter about, which according to your example above, the 2013 amount of 3K, they do not have to say anything about the total due on the prior liens as they have already given you notice about those.
2) The lien may be recorded before any validation is sent. The penalty for placing an invalid lien that the party placing the lien will not remove once it is discovered to be invalid would be they could be sued for damages
for placing an invalid lien, including attorney's fees. A lien, as you may know, is merely a notice to third parties and the owner of a debt and to collect on a lien, the lienholder has to go to court to foreclose on the lien or wait until the property is sold or until the lienholder removes it. As the lienholder can remove the lien at their will, this is why they can place the lien before the validation.
3) This is a problem, if you have a dispute over the amount due once you receive the validation and you have presented that to the attorney, the attorney has a choice to maintain his client's amounts are correct or agree with you and make the corrections. If you are indeed correct in your calculations and the attorney refuses to make the corrections in the liens, then this gives you grounds to go to court to file suit to invalidate the liens and seek damages for them placing invalid liens on the property.
If you have a problem with the board not properly passing assessments, you also need to file a petition for declaratory judgment in court to get the assessments invalidated for not being properly passed in accordance with your bylaws. The attorney represents his client, if his client is insisting the amounts are correct despite your calculations, then you have to take the association
to court to dispute the amount of the debt for which the liens are placed.
Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.
Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.
Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.
PLEASE NOTE WELL WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT AND BE ASSURED YOU ARE NOT BEING IGNORED.
There can also be a delay of an hour or more in between my answers because I may be taking a break.
You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”