Often, community association governing documents will provide that the periodic assessments payable to the association are lienable claims. This means that if an owner fails to pay the assessment, an automatic lien (due to language in the covenants) or the right to file a lien will ensue.
Once a lien is created or filed, the lien secures the claim against the property. Theoretically, the property cannot be sold without the claim being discharged or passed to the successor in title.
Under Oklahoma law, the lien may be foreclosed. 60 O.S. 852. Whether the association should foreclose on their lien depends on the facts and circumstances of each case. The association may also seek to collect the assessment in court other than by a foreclosure action. In fact, the Oklahoma Court of Civil Appeals has said that the Real Estate Development Act does not limit collections to foreclosure only. Falconhead v. Frederickson.
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