121. What is a consensual common law lien that my HOA’s lawyer keeps referring to?

The West Virginia Supreme Court of Appeals recognizes a lien [HOA assessment] of that nature is a “consensual common law lien

The plain language of WV Code §36B-3-116(f) (1986) (Repl. Vol. 2005) requires a judgment or decree in any action brought under WV Code §36B-3-116(f) to include an award of costs and reasonable attorney’s fees for the prevailing party. The WV Consumer Credit and Protection Act §46A-1-105(3) as amended does not apply to an HOA’s “consensual common law lien”, however §46A-2 outlines prohibited conduct.

Remember, you promised to pay the assessment – you consented, it’s a consensual common law lien.