The Contract Lien Act (Section 14-201 of the Maryland Real Property Article) says that if an owner has not paid the assessments in full, the association may give the owner a notice by certified mail warning the owner of the default, stating the total amount due, and advising the owner that if he doesn't pay that amount within 30 days, the association can file a lien against the property. (The exact details of the notice are specified in the law.) If the owner disagrees that he owes all or part of the money, the owner must sue the association in the Circuit Court before the 30 day deadline. (We advise the owner to hire a lawyer in order to do this properly.) If the owner neither pays nor files a complaint against the association in the Circuit Court, the association can then simply file a lien in the land records without having to get any court approval. The owner will not be able to sell the property without paying the lien off, and the association can start foreclosure whenever it wishes.

Please note that the Commission on Common Ownership Communities does not have jurisdiction over liens placed on property. For assistance, please contact the Clerk of the Circuit Court for Montgomery County, Maryland at (240) 777-9400.