In Oregon, a condominium association or homeowner’s association lien for past-due assessments attaches when the assessed amount becomes delinquent. Also, in both cases, no notice or recordation is required to perfect the lien. Since this is the case, why would anybody in Oregon take the time to record a lien for delinquent assessments?
It turns out that there is a good reason to record an Oregon assessment lien. In fact, recordation is sometimes necessary. While ORS 100.450 (for condominiums) and 94.709 (for HOAs) state that the
Recording of the declaration constitutes record notice and perfection of the lien for assessments. No further recording of a claim of lien for assessments or notice of a claim of lien under this section is required to perfect the association’s lien,
the next sentence provides the reasoning for getting your lien recorded. It states that
The association shall record a notice of claim of lien for assessments under this section in the deed records of the county in which [the property] is located before any suit to foreclose may proceed …
So, in order to initiate a foreclosure action the assessment lien must be recorded. Since much of the power of a lien is derived from the possibility of foreclosure to satisfy payment, the recording of the assessment lien is not only a prerequisite to foreclosing, it may also be helpful of getting you paid without the necessity of taking that step. The content of the notice, and specific wording required, is set forth in the statute. Zlien can help by making sure your assessment lien is properly filed, and contains all the requisite information.