Condominium and Homeowner Associations are run by their communities. Property owners usually volunteer their time to serve as board members, which they quickly learn is a thankless job. Not only is the job thankless, but board members also assume duties to the association, such as the fiduciary duty to make the proper financial and business [...]
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Assessment Liens – Maximum Return on Minimum Expense
There are basically two options for an association to recover past-due assessments: 1) File a lawsuit; or 2) File a lien. While a lawsuit may be necessary at some point – it may not be. Why spend a bunch of money paying lawyers, and spend a bunch of time waiting for anything to get accomplished? [...]
Why Assessment Liens? The Basics.
Condominium and HOA (Homeowner Association) Assessment Liens are a powerful tool for condo and HOA boards to make sure dues and assessments get paid. An assessment lien encumbers the property so that the property cannot be sold, refinanced, or transferred without satisfying the lien, and this generally includes short sales. Further, besides encumbering the property, [...]
Who Benefits From Assessment Liens?
Regular readers of this blog may have noticed that Zlien has expanded into the Condominium and Home Owner’s Association Assessment Lien realm. Some previous posts have addressed the differences between condominium associations and other HOAs, a “How- to” overview, and a general definition of what an assessment lien does. In a unique situation here on [...]
What Is A Lien?
Lien. The word gets thrown around like a hot potato on a construction project. Here on this blog, I use the word constantly, and advocate that credit managers “file a lien” to protect a company’s rights to payment. But what exactly is it? How does it work? What does it do and not do? This [...]
Assessment Liens – Are there differences between Condominium Associations and HOAs?
Condominium Associations and Homeowner’s Associations are generally both granted lien rights to facilitate the collection of past-due assessments. Since both condo associations and HOAs are organizations comprised of property owners for the management and regulation of a community, you would think the laws and requirements governing the assessment liens of both would be the same, [...]
“Super Priority” and Oregon Condominium Assessment Liens
In Oregon, the statutory language used in regard to condominium assessment liens, and HOA assessment liens is nearly a word-for-word match in most respects. One place where the controlling law has the potential to be quite different, however, is lien priority. In this respect, a condominium association has the opportunity to be in a much [...]
Filing Required to Foreclose on Oregon Assessment Lien
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 [...]
When Can You Foreclose A California Assessment Lien?
I’ve mentioned previously that California has some of the most burdensome and complicated laws regarding Condominium and HOA liens for delinquent assessments. These requirements not only apply to notices and the filing of the lien, but also extend to the foreclosure (enforcement) of the lien once it has been properly filed. In California, a community [...]
California Requires Itemized Statement on Both Notice and Assessment Lien
California has some of the most strict and most burdensome requirements for Assessment Liens and Notices. Compounding the problem of the intricate and convoluted law, is the fact that the law is different depending on when the assessment became due as California has modified and amended the law governing assessment liens several times since 2000. [...]
Condo/HOA Assessment Liens – A “How To” Overview
Condo/HOA Assessment Liens attach to property to secure the payment of delinquent assessment payments. Just like mechanic’s liens, the devil is in the details when it comes to sending the proper notices, waiting the proper amount of time, and filing your lien correctly. In fact, some states do not require a lien for delinquent assessments [...]
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Scott Wolfe Jr., JD
CEO of Zlien, and a licensed attorney in six states, he's experienced in construction & corporate credit management laws....Read More
Nate Budde, JD
Zlien's Chief Legal Mind and licensed attorney. Nate is a Stanford & Tulane Grad, a Jeopardy! alumni and more....Read More
Seth Smiley, JD
Construction attorney in California & Louisiana, Seth is an experienced construction litigator and Zlien's COO....Read More
Funding Gates
The world's first CRM for receivables management.Read More
Gretchen Lynn
Operations Genius at Zlien - She writes all the fun stuff here.Read More
Jason Bull
Zlien's Research Giant - He shares tips and info on how to confirm project, surety or construction party data.Read More
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