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Could a lien be placed on a condo for continual
non payment of monthly HOA fee? If a condo
has a lien and also a mortgage would both
have to be paid in order to gain title as an
Asked on March 8, 2018 under Real Estate Law, Georgia
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 2 years ago | Contributor
1) Yes, a lien may be placed on a condo for nonpayment of the HOA fees; in fact, a lien is the principal mechanism that the HOA has to force payment of these fees or to otherwise recover them.
2) And also yes, to convey clean title to property, all mortgages, all HELOCs, and all liens of any kind--whether from an HOA, a contractor's lien, or one resulting from a lawsuit and collections effects against the owner--would have to be paid off. They can be paid off at/as part of closing.