ARIZONA = How to record an HOA lien in AZ

Recording an HOA Lien in Arizona: A Step-by-Step Guide

Recording a homeowners association (HOA) lien in Arizona requires following specific legal procedures. Here’s a comprehensive guide to help you through the process:

Prerequisites Before Recording

  1. Verify delinquency requirements – Ensure the homeowner is genuinely delinquent according to your HOA’s CC&Rs (typically 30-90 days past due)
  2. Send proper notice – Arizona law requires written notice to the homeowner before recording a lien
  3. Prepare proper documentation – Have assessment records, payment history, and correspondence readily available

Step-by-Step Process

1. Create the Lien Document

  • Prepare a Notice of Claim of Lien that includes:
    • Property legal description
    • Homeowner’s name
    • Amount owed (including late fees and interest)
    • Reference to the specific CC&Rs provisions being enforced
    • Statement of the HOA’s intent to record a lien

2. Execute the Lien

  • Have an authorized HOA representative sign the lien document
  • Have the document notarized

3. Record the Lien

  • File the lien with the County Recorder’s office in the county where the property is located
  • Pay the required recording fee (varies by county)
  • Obtain a recorded copy for your records

4. Notify the Homeowner

  • Send a copy of the recorded lien to the homeowner via certified mail
  • Include information about how they can satisfy the lien

Important Legal Considerations

  • In Arizona, HOA liens have priority over most other liens recorded after the HOA’s CC&Rs were officially recorded
  • HOA liens in Arizona generally expire after six years unless renewed
  • Foreclosure actions based on HOA liens may be subject to specific limitations
  • Consider consulting with an attorney who specializes in HOA law before proceeding

By following these steps carefully, you’ll ensure your HOA lien is properly recorded in compliance with Arizona state law.

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Record a property lien in Arizona Link WESTLDP.COM

Title search by name to locate lien, mortgage, deed, owner, and foreclosure records online.

Arizona Counties:

Apache County – St. Johns
Cochise County – Bisbee
Coconino County – Flagstaff
Gila County – Globe
Graham County – Safford
Greenlee County – Clifton
La Paz County – Parker
Maricopa County – Phoenix
Mohave County – Kingman
Navajo County – Holbrook
Pima County – Tucson
Pinal County – Florence
Santa Cruz County – Nogales
Yavapai County – Prescott
Yuma County – Yuma

 

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