Lien Enforcement

A harsh reality is that absent financial resources, virtually none of the association’s operations can proceed. For virtually all associations, the only source of revenue is the assessments levied against the units. Absent collection of these funds, the association will be unable to meet its financial obligations and, in turn, unable to provide proper services to the community. Thus, enforcement of association liens is an issue of paramount importance to their successful operation.

Fortunately, the legislature and courts have afforded consistent and strong legal protection for the liens established through assessments. In New Hampshire, an association has the right to collect all such assessments and the legal fees and costs associated with the pursuit of the funds. New Hampshire also provides for the association to perfect a limited priority lien that takes precedence over even the first mortgage on the unit. If the issue cannot be resolved, the association may ultimately transfer interest in a delinquent unit through a Sheriff’s Sale.

The process of enforcing condominium liens requires proper attention to detail as well as timely action at each phase of the case. Winer & Bennett is well-versed in all aspects of the process.