Must a HOA send a certified letter notifiying property owner before filing lien?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 3 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption