FREQUENTLY ASKED QUESTIONS CONCERNING PROPERTY LIENS

The Forester’s Retreat POA Board of Directors have received questions in the past concerning liens placed by the Association.  We hope this may provide some answers to frequently asked questions about the process and necessity for liens in our neighborhood.

What is a lien?

A lien is a legal document that is filed by the Association that is attached to the property deed that is on file at the Polk County Clerk’s Office, which acknowledges that legal debt obligations are in arears on the property.

Why does the Association have to file a lien?

A lien is placed on a property in order to protect the Association from a failure of property owner to pay their monthly dues assessment that was agreed upon when the property was purchased.  A lien is placed on a property after all other methods to recover dues owed have been attempted. 

What methods does the Association use to recover prior to placing the liens?

The Association tries to make all reasonable attempts to notify the property owner and work out a schedule of payment of dues in arrears.  A certified letter is sent out stating that a lien will be placed on the property in 30 days if payments are not made. After 30 days have elapsed, the Association will place the lien if no contact has been made to settle the account.

What does a lien on the property mean to me?

The property with a lien cannot be sold, transferred, or refinanced without first satisfying the removal of the lien by payment of all dues in arrear and associated fees.  Payment of all dues, assessments, along with associated fee incurred by the Association must be made prior to removal of the lien.  

How fast can a lien be removed from the property?

The lien removal process will be instituted as soon as the full payment is received.  This may take several days since this is a legal document and must be filed with the Polk County Clerk’s Office.  Realistically this is not something that can be resolved in a few hours.  The Association will act as expeditiously as possible, but the legal process of Polk County is beyond our control.

How many property liens have been filed by the Association?

To date there have been 36 liens filed.  The Board of Directors makes many attempts to recover past dues in order to protect the financial stability of the Association.  The placement of a lien is a last resort to encourage compliance with the legal obligations that each property assumes with the purchase of their home.  The liens are in the public record at the Polk County Clerk’s Office.

Who do I contact to get more information regarding liens?

For further information regarding property liens, property owners can contact any Board of Director or email at frpoa3@aol.com.