I live in Arkansas and own a Condo. Since the economy has become bad and I was "laid off" I have fallen behind in my Condo Assessments. The Condo Board says they will file a "Lien" against my property. I find no authority for this. Am I right?
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Anonymous
ANSWERS: 6
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Does the board perform or authorize an actual service? Painting? Landscaping? Etc? If not, I think I'd contact a lawyer about them.
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No, you're not right. Arkansas law provides for the creation of homeowners' associations - referred to in the statutes as "horizontal property regimes" - to govern communities and maintain common areas. These associations may assess homeowners for the cost of maintenance and other expenses, and may place liens on the homeowners' properties for unpaid assessments. The Arkansas Code statute permitting such assessments and liens is Section 18-13-116, and is entitled "Liability for Expenses and Assessment." You can look it up here at http://www.arkleg.state.ar.us/SearchCenter/Pages/ArkansasCodeSearchResultPage.aspx
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It all depends on what is in your CONTRACT ... IF it says that there is a Condo Association / Homeowners Association etc ... and that you agree to follow their rules as listed in their hand book or whatever .... You are out of gas .... I would suggest that you get an attorney to assist you ... THIS is AGAIN another reason I am AGAINST Condos etc ... it is like buying an apartment with others telling you how to live !
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I sit on a condo board, and let me tell you, it's no fun trying to get assessments paid when people are behind. The association still has many fees to pay and, typically, owners opt out of "reserve" payments that are a portion of the monthly assessment to set aside for rainy day funds. Also, know that, since it must be done to the letter of the law, the requirements to follow to a lien for a few thousand dollars worth of assessments is hardly worth it. Depending on the relationship you have with your board, you are much better off trying to work out some kind of payment plan with them and keep them at bay as long as possible. If your board has reserves set aside, you have a good chance of trying to get them to give you some leniency but you must be very nice ... some condo boards are very much on a power trip :-) Good luck!
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I doubt any condo association or HOA contract would not include a lien clause. Remind them to fire their lawyer when you catch up in payments if they can't put a lien on your property.
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It's best to thoroughly read your condo association by-laws. My condo association has full authority to place a lien against my property for non-payment of assessments. However, if you talk with your board, you may be able to negotiate a workable solution.
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