Legal Question in Business Law in California

Re: Property owners association

The association or a group of concerned residents should assemble the relevant documents (plan of subdivision, original sales contracts and deeds, declarations of CC&Rs, etc.) and take them to a local real-estate attorney in the county. There is a strong possibility that the obligation to contribute to the association runs with the land and therefore does not require a new owner to subscribe or agree to the association's dues and rules. A lawyer with proper experience can review the documents and advise you whether and why the new buyers must pay dues.

Re: Property owners association

Look through the papers that you received when you purchased the property. You should have a Preliminary Title Report from a title company. It should show a lien, right after the property tax lien, for the homeowners association.

Provided it is there, the homeowner's association has the right and power to foreclose on your property if the dues are not paid.

Re: Property owners association

Very often such associations are part of the CC &Rs, Covenants, Conditions and Restrictions, connected to the property as covenants which run with the land. Your property may have such a covenant and you should check your Title Report which you received when you purchased the property. Assuming that there is such a covenant, you have an obligation to abide by the rules set up by the association. Failure to do so may result in a deed violation being recorded against you and lead to a cloud upon your title. It may sting, but, if you can, do what you are instructed to do. If you do not like the directions of the association, find out how to become a member of the association and at least have some input into their rules and rulings.