can HOA place lien without judgment?

2 Replies

my property in Georgia, can HOA place lien in real state record without judgment? and, if yes what long time it takes the lien expire from the record
(remember i said make lien with no judgment no court just lien only)....

thanks for everybody

You'll want to review the HOA's CCRs ... you likely received a copy of these docs before purchasing. These are the covenants, conditions and restrictions which run with the land and are applicable to all owners. There should be a section or two in those docs which discuss dues/assessments (and the liens created thereby) as well as violations and how those become liens. The priority of the HOA lien vs. other interests should also be discussed.

HOA dues/assessments are almost always a lien from the day they become due without the need for recording.

How long a lien remains enforceable (typically referred to as the limitations period for enforcing a lien) is usually state law. Good luck.

Updated over 1 year ago

One more thing... if the HOA did record a lien, there should be a method to challenge it in court if so desired.

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