Our HOA has filed liens agains owners who did not pay their 08 Dues. Due to the economic environment Forclosure is not an option for our HOA. Do we need to file a second lien against owners who have not paid 08 and have not paid 09 dues?
Military Law Attorney
Your association is a HOA, so the lien filed in 2008 is still valid and will include the 2009 assessments as well. You do not need to file another lien for the 2009 assessments. Condo liens are only valid for 1 year, but HOAs do not have that limitation.
While foreclosure is not an option, the HOA can file suit to get a money judgment against the owners. If the property is a rental, then you can seek the appointment of a receiver to collect the rent from the tenants (but you must file a lawsuit to do so).
Should the HOA want to seek a money judgment or the appointment of a receiver, you will need to retain an attorney to assist.
Please let me know if you have any additional questions. Thank you.