Is it necessary to record liens to secure delinquent assessment accounts?

We understand with the new laws in effect now requiring that Association Boards of Directors specifically authorize the recordation of liens, that some Boards may be hesitant to authorize liens. For example, Boards may instead wish to contact delinquent owners via telephone and in writing to encourage them to pay their assessment accounts. It is fine to send preliminary notices to encourage homeowners to bring their delinquent assessment accounts current prior to recording liens.

However, this alone will not protect the Association in the event a homeowner files bankruptcy or transfers title to the property. If the homeowner files bankruptcy and a lien has already been recorded against the property, the Association will be classified as a secured creditor, and has a better chance of being paid through the bankruptcy. In the absence of a pre-bankruptcy lien, the Association would be an unsecured creditor, and the debt may be discharged by the bankruptcy, without payment to the ... more.

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