Home owner's association question

markem · 07-01-2010, 03:43 PM

This isn't about bashing HOAs, so let's just not go there.

Our HOA is considering filing a lien against all homes in our subdivision. This is because sometimes the title companies do not properly gather the required transfer fees and some board members think that via the lien a mechanism will be in place to collect the transfer fees.

Now, while I agree that the board should be able to collect the transfer fees, I have not been able to find any portion of Oregon law that allows HOAs to file liens preemptively.

Has anyone experienced this with their HOA?

SvilleKid · 07-01-2010, 03:51 PM

Don't know about Oregon laws, but in Bama, they would NOT be able to file such a lien. Filing liens against titles without an actual debt would be a major No-no that would make the filer liable under what's known as "Slander of Title". I would think that would hold true for your state as well.

ade06 · 07-01-2010, 03:58 PM

Without providing you with legal advice, my gut tells me this is impermissible unless you consent to it. Check your condo documents to see if there is any language which would support their preemptive security interest.

Blueface · 07-01-2010, 04:19 PM

Quote:

Originally Posted by SvilleKid

Don't know about Oregon laws, but in Bama, they would NOT be able to file such a lien. Filing liens against titles without an actual debt would be a major No-no that would make the filer liable under what's known as "Slander of Title". I would think that would hold true for your state as well.

Sounds like something they just cannot do.

croatan · 07-01-2010, 04:58 PM

/begin non-legal advice/

In Texas, as I understand it, if the CCRs provide for a preemptive lien for such purposes (which many do), then it's permissible , as the lien already exists (and you've already agreed to it by taking subject to the CCRs) and any additional filings would be formalities.

I have no clue about Oregon, but if it's important to you, give me a call sometime and I'm sure we can figure it out.

/end non-legal advice/

forgop · 07-01-2010, 04:59 PM

Unless there is an actual debt due to the HOA, how can they file a lien against a property? Seems pretty bogus to me. If they aren't getting their fees, they need to take it up with the homeowner (seller) and the title company.

icehog3 · 07-01-2010, 05:49 PM

Would it be necessary to advise any refinance companies or home equity loan lenders in the future that there is a "lien" against your property then? Seems kind of ridculous to me.

MarkinAZ · 07-01-2010, 06:30 PM

You may want to contact a local Real Estate attorney in your area with knowledge in this area. He/she may be able to provide you with some free info and case law for Oregon as to if a HOA can or cannot...

07-01-2010, 03:43 PM	#1
markem Bunion Join Date: Oct 2008 First Name: Mark Location: Second Star on the Right Posts: 22,625 Trading: (47)	Home owner's association question This isn't about bashing HOAs, so let's just not go there. Our HOA is considering filing a lien against all homes in our subdivision. This is because sometimes the title companies do not properly gather the required transfer fees and some board members think that via the lien a mechanism will be in place to collect the transfer fees. Now, while I agree that the board should be able to collect the transfer fees, I have not been able to find any portion of Oregon law that allows HOAs to file liens preemptively. Has anyone experienced this with their HOA? __________________ I refuse to belong to any organization that would have me as a member. ~ Groucho Marx

07-01-2010, 03:51 PM	#2
SvilleKid Yes I am a Pirate Join Date: Oct 2008 Location: 33°46′08″N 86°28′16″W / 33.76895°N 86.471037°W Posts: 2,776 Trading: (52)	Re: Home owner's association question Don't know about Oregon laws, but in Bama, they would NOT be able to file such a lien. Filing liens against titles without an actual debt would be a major No-no that would make the filer liable under what's known as "Slander of Title". I would think that would hold true for your state as well. __________________ Ceilin' fan it stirs the air, Cigar smoke does swirl. The fragrance on the pillow case, and he thinks about the girl. Thanks, JB, 1975.

07-01-2010, 03:58 PM	#3
ade06 Have My Own Room Join Date: Jan 2009 First Name: Ade Location: Philadelphia Posts: 1,190 Trading: (24)	Re: Home owner's association question Without providing you with legal advice, my gut tells me this is impermissible unless you consent to it. Check your condo documents to see if there is any language which would support their preemptive security interest.

07-01-2010, 04:58 PM	#5
croatan Missing Peter Join Date: Oct 2008 First Name: James Location: la Vuelta Abajo Posts: 3,727 Trading: (6)	Re: Home owner's association question /begin non-legal advice/ In Texas, as I understand it, if the CCRs provide for a preemptive lien for such purposes (which many do), then it's permissible , as the lien already exists (and you've already agreed to it by taking subject to the CCRs) and any additional filings would be formalities. I have no clue about Oregon, but if it's important to you, give me a call sometime and I'm sure we can figure it out. /end non-legal advice/ __________________ Fumo ergo sum.

07-01-2010, 04:59 PM	#6
forgop Not a puffer Join Date: Oct 2008 First Name: Duane Location: Indianapolis, IN Posts: 2,869 Trading: (40)	Re: Home owner's association question Unless there is an actual debt due to the HOA, how can they file a lien against a property? Seems pretty bogus to me. If they aren't getting their fees, they need to take it up with the homeowner (seller) and the title company.

07-01-2010, 05:49 PM	#7
icehog3 Admiral Douchebag Join Date: Oct 2008 First Name: Tom Location: Clermont, Kentucky Posts: 71,440 Trading: (60)	Re: Home owner's association question Would it be necessary to advise any refinance companies or home equity loan lenders in the future that there is a "lien" against your property then? Seems kind of ridculous to me. __________________ Thanks Dave, Julian, James, Kelly, Peter, Gerry, Dave, Mo, Frank, Týr and Mr. Mark!

07-01-2010, 06:30 PM	#8
MarkinAZ Formerly MarkinOR Join Date: Oct 2008 First Name: Mark Location: Sun City West, AZ Posts: 6,221 Trading: (40)	Re: Home owner's association question You may want to contact a local Real Estate attorney in your area with knowledge in this area. He/she may be able to provide you with some free info and case law for Oregon as to if a HOA can or cannot... __________________ "Don't worry, God will work out His plan for your life..." Psalm 138 8