Can a community association place a lien on a homeowner’s property for unpaid fees?
Answer:
A community association may be able to pursue a lien and, in an appropriate case, foreclosure for unpaid assessments. Its authority, required procedures, and any recoverable attorney fees depend on the governing documents and applicable law.
When a homeowner falls behind on association assessments, the property manager may first send notices and payment demands. If the debt remains unresolved, the association may refer the matter to an attorney for review of collection options.
Those options may include a lien and potential foreclosure, depending on the association’s governing documents, the type of community, and applicable legal requirements. A community association attorney reviews that authority and the steps required before proceeding.
Collection expenses also need to be considered. Governing documents may permit recovery of attorney fees and costs from the delinquent owner, subject to applicable law and the circumstances. That possibility should not be treated as a guarantee that every fee will be recoverable or that the association will never incur expenses.