During the recent OBA webcast on Oklahoma homeowner association law, I was asked the following question:
Q - If an HOA has sued an owner and received a judgment for attorney's fees, can the HOA file a lien and foreclose on that lien?
A - Generally, no. Unless the governing documents provide that fees and costs of the Association are lienable charges, the HOA must collect its judgment against the owner just as it would collect any other judgment. Homestead (presuming the owner lived on the property) would prevent the HOA from executing on the judgment. However, if the judgment was against an owner and the owner's property within the HOA was a rental, then the HOA could go after the property free from homestead protection.
The HOA could seek collection of its judgment through the typical courses of collection: hearing on assets, wage garnishment, and bank garnishment.
Matthew L. Winton, Oklahoma property owners association lawyer.
