Real Estate Law
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Hi there. No, you do not need a judgment first before filing the lien. Yes, the HOA should engage a lawyer to pursue collections; you can add the attorney fees to the amount due from the homeowners. The mechanic's lien is not applicable. If your Office Depot did not have a form, in most states the recording clerk in the county's real property records can provide you the applicable form. Once you have the lien, once a sale occurs, the HOA lien must be paid in order for it to be released.
Can you remind me in what state you are located so I can direct you to an online source as well? Thanks.