Legal Question in Credit and Debt Law in California

Process to recover delinquent HOA dues

A new owner moved out after a brief stay in a condo recently purchased by the owner. There are back dues owed and it looks as if this property may go to foreclosure. Will the homeowners association be paid back dues if the bank forecloses?


Asked on 3/16/07, 5:40 pm

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Process to recover delinquent HOA dues

Under California law, only the owners of record are responsible for paying the HOA dues. The bank could be held responsible from the date of the foreclosure sale if it took the property back.

Sometimes a thirdy party will buy the property at the auction. If there are any excess proceeds and the HOA has a lien, the HOA might receive some payment depending on the order of priority of any other liens on the property.

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Answered on 3/16/07, 5:50 pm


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