What happens to a tenant when a lien is placed on the home due to nonpayment of HOA dues?

I’ve been living in a rented condo for a little over a year. The first year was a 12 month lease; we are now renting on a month-to-month basis. We received a letter from the HOA saying that a lien will be placed if unpaid dues are not paid. I pay my rent to a local property management company; the owner of the condo is located overseas. I’ve already contacted the property management compan but have not heard back. What rights do I have as a tenant in this situation?

Asked on June 22, 2012 under Real Estate Law, Nevada

Answers:

Bruce Broyles / The Law Office of Bruce M. Broyles

Answered 8 years ago | Contributor

A lien creates a secured interest in the real property for the amount of the debt.  It does not effect title.  Your rights should be affected.  However, a lien may be foreclosed in the future and that would alter title.  You should probably contact the owner and amke certain you understand whose obligation it is to pay HOA fees.  You might suggest that you will pay in exchange for that amount being reduced from your rent.


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