There are basically two options for an association to recover past-due assessments: 1) File a lawsuit; or 2) File a lien. While a lawsuit may be necessary at some point – it may not be. Why spend a bunch of money paying lawyers, and spend a bunch of time waiting for anything to get accomplished? To be honest, unless you have several years of unpaid assessments (and the assessments are large) it is probably not worth it to file a lawsuit as your first step. The cost of hiring a lawyer to prepare and litigate your suit is probably more than the amount owed – and what happens if you lose?
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