A lien (pronounced lean) is a legal right, claim, or interest in another person’s property that remains until a debt is paid or an obligation is fulfilled. For example, a lien may be placed on real property to secure a contractor’s claim for payment for work or materials provided to improve the property (a mechanic’s lien) or by a homeowners’ association to secure payment for unpaid dues or assessments against an individual homeowner.
There are many different types of liens related to real property and the laws regarding these liens may vary from state to state.
In Hawaii, a lien is a legal claim against property to secure payment for a debt or fulfillment of an obligation. One common type of lien is a mechanic's lien, which contractors, subcontractors, or material suppliers can file against real property when they have not been paid for labor or materials used in improving the property. Hawaii Revised Statutes Title 28, Chapter 507 provides the specific procedures and requirements for filing a mechanic's lien, including strict time limits for filing the lien after the work is completed or materials are supplied. Another type of lien is a homeowners' association (HOA) lien, which can be placed on a homeowner's property for unpaid association dues or assessments. The governing documents of the HOA, along with Hawaii state law, outline the process for placing and enforcing these liens. It's important to note that the enforcement of liens, including foreclosure, is regulated by state law and may require court action. Property owners facing a lien should consult with an attorney to understand their rights and obligations under Hawaii law.