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Notice of Lien to a Condominium Unit Owner for Unpaid Assessment Fees

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Description Notice Lien Form

A condominium is a combination of co-ownership and individual ownership. Those who own an apartment house or buy a condominium are co-owners of the land and of the halls, lobby, and other common areas, but each apartment in the building is individually owned by its occupant. Either in the bylaws of the condominium association, the declaration of condominium filed in the land records of the county where the condominium is located, or in some other document, there will be an agreement among the unit owners regulating the administration and maintenance of the property, including payment of assessments by the owners.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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Notice To Owner Form Florida Pdf Form popularity

Hoa Pre Lien Letter Sample Other Form Names

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Assessment Lien Hoa FAQ

If a homeowner doesn't pay the required assessments, the HOA may choose to try to collect those dues through normal collection processes (like by making collection calls and sending demand letters), by filing a civil suit to obtain a personal judgment against the homeowner, or by initiating a foreclosure.

The special assessment becomes an obligation of the owners on the date the board or the membership adopts the resolution. The owner at the time the assessment is adopted is responsible for the payment of the special assessment, though the adoption of the assessment may create a lien against the owner's property.

Typically, the duration is 20-25 years.

If collection attempts for a special assessment fails as a personal obligation, the HOA can place a lien on the owner's property. The HOA records a notice of delinquent assessment with the county against the owner's interest in the development.

Most condo or HOA homeowners pay monthly fees. In some instances, assessments are tacked on to the monthly condo fees in small amounts until the debt is paid off; in other cases, the assessment is a one-time charge that must be paid by each homeowner as a lump sum.

Open the Lines of Communication. Negotiations can't take place if the HOA board and the management company are unable to communicate with delinquent homeowners. Work on a Payment Plan. Offer to Eliminate Fines. Terminate Privileges. Bring in Your Legal Team.

If an HOA has a lien on a homeowner's property, it may forecloseeven if the home already has a mortgage on itas permitted by the CC&Rs and state law. The HOA can foreclose either through judicial foreclosure or a nonjudicial foreclosure, depending on state law and the terms in the CC&Rs.

To remove a lien on a property, homeowners must first satisfy the debt owed to the homeowners association. To pay off an HOA lien, the homeowner must make payment to the association in the amount of the delinquent assessments, plus interest and any applicable fees.

Majority of Members Must Consent to Dissolution of HOA Because an HOA technically consists of two parts, the legal entity plus its membership, one part usually needs the consent and approval of the other in order to take an extreme action like dissolution.

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Notice of Lien to a Condominium Unit Owner for Unpaid Assessment Fees