Must a HOA send a certified letter notifiying property owner before filing lien?
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Must a HOA send a certified letter notifiying property owner before filing lien?
My HOA filed a lien on my home in Greene County for unpaid dues for 2016 and
2017. I was never sent a certified letter by them stating they would be doing
this.
They more than doubled the amount of the actual dues owed by adding additional
for ‘preparation fee and lien release fee’.
Do I have any recourse?
Asked on August 25, 2017 under Real Estate Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
There is no general legal obligation to send a certified letter or other notice first. If there was a requirement that they do this in the HOA agreement or similar documentation, then they would be contractually obligated to do so--they have to follow the rules setting up the HOA. But in the absence of such a documentary requirment, they can go directly to filing a lien.
They can also add those other charges if the HOA documentation permits it, since in being a unit or homeowner, you, too, are bound by the rules in those documents.
So checking the documents establishing the HOA and governing it is the first thing you should do now.
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