Georgia Notice of Lien to a Condominium Unit Owner for Unpaid Assessment Fees

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US-01120BG
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Description

A condominium is a combination of co-ownership and individual ownership. Those who own an apartment house or buy a condominium are co-owners of the land and of the halls, lobby, and other common areas, but each apartment in the building is individually owned by its occupant. Either in the bylaws of the condominium association, the declaration of condominium filed in the land records of the county where the condominium is located, or in some other document, there will be an agreement among the unit owners regulating the administration and maintenance of the property, including payment of assessments by the owners.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

In Georgia, consumer debt such as HOA & Condo fees have a statute of limitations of 4 years.

A Notice of Contest is a document you file with the county real estate records and mail to the lien claimant, demanding that the lien claimant file suit or have the lien expire within 60 days.

In Georgia, if a resident owes more than $2,000 in unpaid HOA fees, the HOA can get a lien on that resident's house and file for foreclosure. The HOA has the right to file a lawsuit for the unpaid dues, plus any interest.

Statute of Limitations The HOA or COA must initiate an action to enforce the lien within four years after the assessment or installment first became due. Otherwise, the lien will lapse and won't be effective. (Ga. Code Ann.

Likewise, if a member of a Homeowner's Association (?HOA?) fails to pay his dues and/or any special assessments, the HOA has the power to record a lien against the property and then collect by garnishing wages and bank accounts or by foreclosing on the lien.

If necessary, a homeowner can bring a suit against an association in the Superior Court of the county in which the development is located. Ga.

Normally, a potential lien claimant must file their lien in the clerk's office of where the property is located within ninety (90) days of last providing labor, services, or materials on the project. Within two (2) days of filing the lien, a copy of the lien must be mailed to the owner and contractor.

Placing a lien on a property will get the Association paid when the property sells. This will prevent the homeowner from selling the property until the dues are paid. The lien is only legally enforceable for 4 years. Associations are only allowed to go back 4 years to collect on a debt.

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Georgia Notice of Lien to a Condominium Unit Owner for Unpaid Assessment Fees