Legal Question in Real Estate Law in District of Columbia

1. Only the Association can remove the lien. They can do it voluntarily, b/c for instances they've received the payment they are looking for or b/c you've successfully proven to them that you did not owe the money in the first place. They can also be forced to do it by a Court order if the lien was improperly filed.

2. If the Association is wrong, you do NOT have to pay the attorney fees, late fees, interest, or any other amount associated with the lien -- the Association has a duty to make sure it has it's ducks in a row BEFORE it starts filing liens.

3. If you can show that you were not delinquent at the time they filed the lien and that the Association's improper refusal to remove the lien directly prevented you from selling your house, and that ultimately resulted in a loss, then you may have a cause of action against the Association.

As in any case, I would STRONGLY recommend that you consult a DC attorney about the specifics of your case before you take any action. Specifically, I would want to read your Declaration, By-Laws, and Rules and Regulations, as well as the actual lien that was filed before I could give you definitive legal advice or assistance. You may also want your future communications with the Association to be through your attorney -- if the Association has made a mistake, they may be more willing to correct it if a "big bad attorney" is involved. Please let me know if you need my assistance as I have a lot of experience in the area of community association law.

Best of luck. ******The above is for informational purposes only and does not create an attorney-client privilege.*******