HOA Lien Notice

NOTICE OF INTENT TO RECORD LIEN

[ASSOCIATION NAME]

[ASSOCIATION NAME]
[ASSOCIATION ADDRESS]
[CITY, STATE ZIP]
[PHONE]
[EMAIL]

Date: [DATE]

SENT VIA: ☐ Certified Mail, Return Receipt Requested ☐ First Class Mail

To:
[OWNER NAME(S)]
[PROPERTY ADDRESS]
[CITY, STATE ZIP]

[AND TO LAST KNOWN MAILING ADDRESS IF DIFFERENT:]
[MAILING ADDRESS]
[CITY, STATE ZIP]

Property Address: [PROPERTY ADDRESS]
Lot/Unit Number: [LOT/UNIT NUMBER]
Account Number: [ACCOUNT NUMBER]
APN/Parcel Number: [APN/PARCEL NUMBER]

IMPORTANT NOTICE OF DELINQUENT ASSESSMENT

AND INTENT TO RECORD LIEN

PLEASE READ THIS NOTICE CAREFULLY. YOUR PROPERTY IS AT RISK.

Dear [OWNER NAME(S)]:

The records of [ASSOCIATION NAME] (the "Association") indicate that your account is seriously delinquent. Unless payment is received, the Association intends to record a lien against your property.

DELINQUENT AMOUNT

The following amounts are currently due and owing:

Balance as of: [DATE]

IMPORTANT: Additional late charges, interest, attorney's fees, and costs will continue to accrue until the account is paid in full.

DELINQUENCY HISTORY

PRIOR NOTICES

The Association has previously notified you of this delinquency:

YOUR RIGHT TO REQUEST ALTERNATIVE DISPUTE RESOLUTION

BEFORE THE ASSOCIATION CAN RECORD A LIEN, YOU HAVE THE RIGHT TO:

Internal Dispute Resolution (IDR)

You may request a meeting with a Board representative to discuss this delinquency. To request IDR:

☐ Submit a written request within [THIRTY (30)] days of this notice
☐ Send your request to: [ADDRESS/EMAIL]
☐ The Association will schedule a meeting within [FORTY-FIVE (45)] days of your request

Alternative Dispute Resolution (ADR)

You may also request ADR (such as mediation) to resolve this dispute. To request ADR:

☐ Submit a written request within [THIRTY (30)] days of this notice
☐ The Association will participate in ADR in good faith
☐ Costs of ADR will be shared equally unless otherwise agreed

If you request IDR or ADR within the time specified, the Association will not record a lien until the IDR or ADR process is completed.

PAYMENT OPTIONS

Option 1: Pay in Full

Pay the total amount due of $[AMOUNT] by [DATE] to prevent recording of a lien.

Make payment to:
[ASSOCIATION NAME]
[PAYMENT ADDRESS]
[CITY, STATE ZIP]

Online Payment: [URL]

Option 2: Payment Plan

The Association may accept a payment plan under the following terms:

☐ Minimum down payment of [25-50]% of total due
☐ Balance paid in [3-12] equal monthly installments
☐ Interest at [X]% per annum on unpaid balance
☐ Automatic payment enrollment required
☐ Default on any payment results in immediate recording of lien

To request a payment plan: Contact [CONTACT NAME] at [PHONE] or [EMAIL] by [DATE].

Option 3: Dispute the Debt

If you believe the amount claimed is incorrect, you must notify us in writing within [THIRTY (30)] days of this notice. Your written dispute should include:

☐ The reason you dispute the debt
☐ Documentation supporting your position
☐ Any payments not credited to your account

Send disputes to:
[ASSOCIATION NAME]
[ADDRESS]
[EMAIL]

WHAT HAPPENS IF YOU DO NOT PAY OR RESPOND

If you do not pay the amount due, enter into a payment plan, or request dispute resolution by [DATE - at least 30 days from notice], the Association will:

1. Record a Lien

The Association will record a Notice of Delinquent Assessment (Lien) against your property with the [COUNTY] County Recorder. A recorded lien:

• Becomes a matter of public record
• Encumbers your property
• Must be paid before you can sell or refinance
• May affect your credit

2. Continue Collection Efforts

The Association will pursue all available collection remedies, including:

• Continued accrual of interest and late charges
• Collection agency referral
• Credit reporting
• Legal action

3. Foreclosure

If the delinquency continues, the Association may foreclose on the lien, which could result in the loss of your home.

IMPORTANT LEGAL INFORMATION

Source of Assessment Obligation

Your obligation to pay assessments is established by the Declaration of Covenants, Conditions and Restrictions recorded at [RECORDING REFERENCE], specifically Article [X], Section [Y], which states:

"[QUOTE RELEVANT PROVISION]"

Lien Authority

The Association's right to record a lien is established by:

• Declaration of CC&Rs, Article [X], Section [Y]
• [STATE] law: [CITE STATUTE - e.g., California Civil Code 5675, Florida Statute 720.3085, Texas Property Code 209.0094]

Priority of Lien

The lien for unpaid assessments has priority as provided by state law and the Declaration.

CONSEQUENCES OF LIEN RECORDING

Once a lien is recorded:

☐ Public Record: The lien becomes a public record that will appear on title searches.

☐ Sale/Refinance: You will not be able to sell or refinance your property without paying the lien in full.

☐ Additional Costs: You will be responsible for all costs associated with recording and releasing the lien, including recording fees and attorney's fees.

☐ Foreclosure Risk: The Association may foreclose on the lien, which could result in the loss of your property.

☐ Credit Impact: The delinquency and/or lien may be reported to credit bureaus.

CONTACT INFORMATION

If you have questions or wish to discuss payment arrangements, contact:

[ASSOCIATION NAME]
[MANAGEMENT COMPANY, if applicable]
[ADDRESS]

Accounting/Collections:
Phone: [PHONE]
Email: [EMAIL]

Office Hours: [HOURS]

DEADLINE TO RESPOND

You must respond by: [DATE - at least 30 days from this notice]

If payment, payment plan, or dispute resolution request is not received by this date, the Association will proceed with recording a lien against your property.

REQUIRED DISCLOSURES

[FOR CALIFORNIA - INCLUDE THE FOLLOWING:]

IMPORTANT NOTICE: IF YOUR SEPARATE INTEREST IS PLACED IN FORECLOSURE BECAUSE YOU ARE BEHIND IN YOUR ASSESSMENTS, IT MAY BE SOLD WITHOUT COURT ACTION.

You may request a meeting with the Board of Directors under Civil Code Section 5665. The meeting must be held in executive session.

You may submit a written request to meet with the Board within [X] days from the date of this notice. The Board will then schedule a hearing within [X] days of your request.

This notice complies with the requirements of California Civil Code Section 5660.

[FOR FLORIDA - INCLUDE THE FOLLOWING:]

This notice is provided pursuant to Florida Statute Section 720.3085. The Association intends to record a Claim of Lien against your property if this matter is not resolved.

[FOR TEXAS - INCLUDE THE FOLLOWING:]

This is the [FIRST/SECOND] notice required by Texas Property Code Section 209.0094. [If second notice: This notice is being sent by certified mail as required by law.] The Association may not file a lien until at least 90 days after this second notice is sent.

Sincerely,

[ASSOCIATION NAME]

______________________________
[NAME]
[TITLE]

Date: ______________________________

ENCLOSURES

☐ Account statement/ledger
☐ Copy of relevant CC&R provisions
☐ Payment plan request form
☐ IDR/ADR request form
☐ Return envelope

IDR/ADR REQUEST FORM

To: [ASSOCIATION NAME]
From: [OWNER NAME]
Property: [PROPERTY ADDRESS]
Account: [ACCOUNT NUMBER]
Date: _______________

☐ I request a meeting with a Board representative to discuss this delinquency (Internal Dispute Resolution).

☐ I request Alternative Dispute Resolution (mediation/arbitration) regarding this delinquency.

☐ I dispute the amount claimed for the following reasons:
________________________________________________
________________________________________________
________________________________________________

Signature: ______________________________

Contact Phone: ______________________________

Contact Email: ______________________________

FOR ASSOCIATION RECORDS

Pre-Lien Notice Number: ______________________________

Notice Date: ______________________________

Sent Via: ☐ Certified Mail ☐ First Class Mail ☐ Both

Certified Mail Tracking: ______________________________

Total Amount Claimed: $__________

30-Day Response Deadline: ______________________________

IDR/ADR Requested: ☐ Yes ☐ No Date: __________

Payment Received: ☐ Yes ☐ No Amount: $__________ Date: __________

Payment Plan Approved: ☐ Yes ☐ No Terms: __________

Lien Recorded: ☐ Yes ☐ No Date: __________ Recording Number: __________

Notes:
________________________________________________
________________________________________________

End of Document