Our HOA has a lien in effect on three properties (1 lien, three properties, same builder). The builder is selling one of the properties. Do we (the HOA) have to release the lein if he only wants to pay the portion of the lein for one of the properties. Or can we require payment in full for all three properties prior to releasing the lein.
I would be surprised if an attorney recorded an HOA lien with one document against three properties without delineating how much of the lien applies to each individual property. Liens only apply to the single property responsible for the deficiency in payments to the HOA. Liens do not apply to the owner him or herself.
A major exception is a judgment lien which applies as a lien against all property owned by the individual. There are numerous HOA attorneys in Virginia, you should be able to find someone near Williamsburg to help.
We would need to review all of the information before giving specific legal advice or representation to your HOA.
However, generally speaking, if the HOA has filed its lien pursuant to the Property Owners Association Act ("POAA"), it is required by the POAA to release the liens in accordance with § 55-66.3. This section provides that if full or partial payment is made to the HOA representing at least 25% of the total amount secured by each lien, but less than the total number of obligations secured by such lien, the lien creditor (the HOA) shall file a certificate of satisfaction or a certificate of partial satisfaction.
I realize that response raises even more questions, but it is impossible to give a full answer without a review of all information. Therefore, please read the following disclaimer:
This answer is provided for informational purposes only. This answer does not constitute legal advice and should not be relied on. Legal advice can only be provided after consultation with an attorney with experience in the area in which your concern lies. This is so because each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and/or documents at issue. This answer does not create an attorney-client relationship.
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