Arkansas Homeowners' Association Handbook
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FAQ
The HOA lien stays on your credit report for seven years. If your HOA pursues foreclosure after placing the lien, it would force your first mortgage holder to also file foreclosure. This will lower your credit score even further, with repercussions in other areas of your life.
Arkansas law requires a party wishing to claim a lien to file with the clerk of the circuit court of the county in which the improvements are situated. This filing must be accomplished within one hundred and twenty (120) days of the date labor or materials was provided.
So while the super-lien issues that have arisen out of Nevada and other states that allow for the foreclosure of a mortgagee's entire interest do not exist in Arkansas, risk abounds for lenders with properties secured by condos.
Generally speaking, there is no way around it. Membership must be taken seriously, rules must be followed, and dues must be paid. If you buy a home in a neighborhood that already has an established HOA, you must join as a condition of purchasing the new home.
If your home is part of an HOA or COA and you fall behind in assessments in Texas: The HOA or COA can usually get a lien on your home. The association typically can charge you for overdue assessments, late charges, interest, and attorneys' fees and costs.
Unless the declaration provides otherwise, no other recordation of a lien or notice of lien is required. Texas doesn't have a comparable law for HOAs. So, an HOA declaration will often state that a lien is automatically created when the declaration is recorded.
When it comes to HOA assessment liens, a super priority lien refers to that portion of an HOA lien that is given higher priority than even the first mortgage holder, placing the interest of the HOA in front of the first mortgage holder.
If a condo or homeowners' association wants to reject a buyer or tenant, it must fully disclose its screening process in the governing documents. Also, when denying a prospective purchaser or renter, the HOA must have clearly explained its reasons for rejection.
The lien should be filed with the recorder of deeds at the county level, along with the appropriate fee. The recorder of deeds should then file a copy of the notice to the homeowner or direct the homeowners association to do so.
