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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55711
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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1., I asked a question the other regarding my husbands HOA

Customer Question

1. Richard, I asked a question the other regarding my husbands HOA that is due back HOA dues and building improvement assessments. 2. Do we need a judgement for outstanding HOA dues, before filing a property lien. Does the HOA need legal representation
to obtain back HOA dues of approximately $16,000. The form you told me to pick up at Office Depot, was only for a Mechanics Lien. 3, Do we file a separate Mechanic Lien? 4 At the moment the condo until has a "Stay" so can the HOA do anything to avoid a state
or individual sale of the property?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Richard replied 2 years ago.

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.

Expert:  Richard replied 2 years ago.

Can you remind me in what state you are located so I can direct you to an online source as well? Thanks.