What must an HOA do to establish lien rights against a property?

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To establish lien rights against a property, a homeowners association (HOA) must file a written lien in the county land records. This formal process is essential because it provides legal notice to the public and any potential buyers about the HOA's claim against the property. By recording the lien, the HOA secures its right to collect unpaid assessments or dues, which may include fees for maintenance, repairs, and other community obligations. This step protects the association's interests and ensures that it has a legal claim to the property in the event of non-payment.

Automatic statutory lien rights or other informal methods, such as verbal notifications or collecting fees without documentation, are not sufficient to establish a legally enforceable lien. Proper documentation and recording are critical steps in the lien establishment process, as they ensure transparency and uphold the legal framework governing property and contracts within the community.

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