09-06-2016, 11:09 PM
quote:
Originally posted by My 2 cents
You are missing the point. They can't "just put a lien on the property". They have to get a judicial determination of the amount first. It's the part of the bylaws that you quoted that says: "by obtaining a judgment against the property owner". This means hiring an attorney and going to court. Every 5-6 years for each account.
There are special laws in Hawaii in regard to HOA's and liens.It does not require a lawyer or a judicial judgement.The secretary of the HOA just needs to record the lien with the Bureau of Conveyances.
"HOA and COA Foreclosures in Hawaii
If you default on the assessments, the HOA or COA can foreclose. A common misconception is that the association cannot foreclose if you are current with your mortgage payments. However, the association’s right to foreclose has nothing to do with whether you are current on your mortgage payments.
In Hawaii, an HOA or COA may foreclose its lien judicially or nonjudicially (Haw. Rev. Stat. § 421J-10.5(a), § 514B-146(a)). HOAs and COAs have their own nonjudicial foreclosure process under state law, which is separate from that of mortgage lenders (Haw. Rev. Stat. § 667-91 et seq.)"