FAQ's About Stoneridge POA Liens
The Stoneridge POA Board of Directors have received questions in the past concerning property liens placed by the Association. We hope this may provide some answers to frequently asked questions about the process and necessity for liens in our neighborhood.
The Articles of Incorporation, Bylaws, and the Covenants... are the documents governing all aspects of assessment and collection of dues and fees, including property liens. All members are referred to those documents and the laws of the State of Texas for information pertaining to property owner duties, responsibilities, and rights regarding property liens.
Who do I contact to get more information regarding liens?
For further information regarding property liens, property owners can contact the Stoneridge POA Property Management Company@ The Bishop Company
(512) 451-6602/ P.O Box 9722 Austin, Texas 78766 during normal business hours. The Bishop Company will have complete information concerning the payment of past dues,amount owed, and the lien placement and removal process.
What is a lien?
A lien is a legal document that is filed by the Association that is attached to the property deed that is on file at the Travis County Clerks Office, which acknowledges that legal debt obligations are in arrears on the property.
Why does the Association have to file a lien?
A lien is placed on a property in order to protect the Association from a failure of a property owner to pay their monthly dues assessment that was agreed upon when the property was purchased. A lien is placed on a property only after all other methods to recover dues or fines owed have been attempted. Unfortunately this is the only legal option the Association has in order to enforce the dues and fine assessments.
What methods does the Association use to recover dues prior to placing a lien?
The Association tries to make all reasonable attempts to notify the property owner and work out a schedule of payment of dues in arrear. A notice is mailed after 3 months of dues failure. A second reminder is mailed after 4 months. If no attempt is made by the property owner to set up payment of dues, a certified letter is sent at the 5th month stating that a lien will be placed on the property in 30 days if payments of dues are not made. After 30 days have elapsed, the Association contacts the Attorney for the Association, and a property lien is placed. Repeat offenders are notified after 30 days of dues failure, and lien process may be instituted again after a certified letter is sent following another 30 day period.
What does a lien on the property mean to me?
The property with a lien cannot be sold, transferred, or refinanced without first satisfying the removal of the lien by payment of all dues in arrear and associated attorney fees. Payment of all dues assessments, along with associated legal fees incurred by the Association must be made prior to removal of the lien. After payment has been received, a letter requesting removal of the lien must be made to the Association, in order to process the removal of the lien.
How fast can a lien be removed from the property?
The lien removal process will be instituted as soon as the full payment and request for removal is received. The Association attorney will be contacted to file the legal documents to remove the lien. This may take several days since this is legal document that must be filed with the Travis County District Clerk Office. Realistically this is not something that can be resolved in a few hours.The Association will act as expeditiously as possible, but the legal process of Travis County is beyond our control.
How many property liens have been filed by the Association?
Fortunately the number is very few. The Board of Directors makes many attempts to recover past dues in order to protect the financial stability of the Association. The placement of a lien is a last resort to encourage compliance with the legal obligations that each property owners assumes with the purchase of their home. The liens are in the public record at the District Clerks Office
The information provided above is for convenience and is not intended to be binding on the Association, Board, Officers, advisors, or Management company. All homeowners should consult the Governance documents and seek expert advice.