Homeowner Dues Lien & Court Procedures Guide
This file provides a comprehensive guide on how to place a lien for delinquent homeowner dues, including necessary steps and legal procedures. It also covers sending notices and handling small claims court hearings. This is an updated document by the Canton Homeowners Council as of August 2006.
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How do I fill this out?
The 'How do I fill this out?' section is intended to provide a step-by-step guide on completing the Lien Process as described in the document. It is important to follow the instructions carefully and use the provided exhibits. Detailed guidelines and examples are included to assist you at each stage.
How to fill out the Homeowner Dues Lien & Court Procedures Guide?
1
Send a 'Letter of Intent' via certified mail to the homeowner.
2
Conduct a title search with the Register of Deeds.
3
Prepare and send the lien documentation.
4
File for a small claims hearing if necessary.
5
Follow up with the homeowner for payment and handle garnishments if required.
Who needs the Homeowner Dues Lien & Court Procedures Guide?
1
Homeowners Associations needing to place liens for unpaid dues.
2
Property managers overseeing multiple properties.
3
Legal professionals handling property disputes.
4
Homeowners looking to understand the lien process.
5
Accountants managing homeowner association finances.
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What are the instructions for submitting this form?
To submit this form, compile all necessary documentation including the filled lien forms, certified mail receipts, and title search details. Submit the original lien forms to the Register of Deeds with the required filing fee via mail or in-person submission at their official address. For small claims, file the necessary paperwork at your local small claims court in person. Always retain copies of every document for your records.
What are the important dates for this form in 2024 and 2025?
Check for annual lien filing deadlines and small claims court hearing schedules relevant to your specific homeowner association.
What is the purpose of this form?
The purpose of this form is to guide homeowners associations through the process of placing liens for delinquent dues. It provides step-by-step instructions, necessary legal steps, and exhibits to ensure the process is properly executed. This form helps protect the financial interests of the association and ensures the accountability of homeowners.
Tell me about this form and its components and fields line-by-line.
- 1. Letter of Intent: This field contains a template for the initial notice sent to a homeowner regarding delinquent dues.
- 2. Certified Mail Receipt: This field includes instructions on obtaining and retaining certified mail receipts for documentation.
- 3. Title Search: This field provides details on conducting a title search with the Register of Deeds.
- 4. Notice of Interest: This field contains the lien documentation template that needs to be filled out and notarized.
What happens if I fail to submit this form?
Failure to submit this form may result in delayed or uncollected delinquent dues.
- Uncollected Dues: The association may face financial setbacks due to uncollected dues.
- Legal Delays: Failure to file in a timely manner may cause legal complications.
How do I know when to use this form?
- 1. Unpaid Dues: File the form when membership dues have not been paid.
- 2. Title Search: Use the form to initiate a title search with the Register of Deeds.
- 3. Small Claims: File the form when preparing for a small claims hearing.
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What is the purpose of this file?
This file outlines the procedures for placing a lien for delinquent homeowner dues and includes necessary legal steps and documentation.
Who needs this file?
Homeowners associations, property managers, legal professionals, homeowners, and accountants managing HOA finances might need this file.
How do I fill out this form?
The form should be filled out following the detailed instructions and exhibits provided in the document.
What are the costs associated with filing a lien?
As of the document's last update, the cost for filing each lien was $13.00, and the title search fee was $15.00 per address.
What should I do if a homeowner doesn't pay after a small claims court hearing?
Send a follow-up letter asking for payment by a certain date and, if necessary, file an 'Order to Appear' subpoena form.
Can I subpoena a homeowner for a Discovery Hearing?
Yes, if the homeowner does not provide payment, you can file an 'Order to Appear' subpoena form with the court.
What do I do if a homeowner makes a partial payment?
Send a policy note and cover letter, and keep a detailed ledger of all transactions pertaining to the homeowner.
