Legal Question in Civil Litigation in California
Liens for non payment of road association dues
Our Road Association membership is voluntary, but requires a $100/year road dues. All property owners are members. At a road assoc. meeting we voted to put liens on homes that do not pay the annual dues effective this year. The money is used to repair and maintain the private road in our association. There are 50 property owners living here. It is a private road and requires re-sealing every 6 or 7 years. There is probably about 3 miles of road involved. California Civil Code section 845 states that the owner of any land to which any easement is attached shall maintain it in repair. Each property owner owns to the middle of the road. Since the money is used to maintain the road, the property owners are required to pay the annual dues. Do we have a right to put leins on the property?
2 Answers from Attorneys
Re: Liens for non payment of road association dues
The right to lien property depends on your C.C. & R's or any other covenants that run with the land. We will have to review these covenants to answer your question. Please contact my office at 714 363 0220 to set up an appointment. I would like to review your written documentation including any letters, notices, and lawsuits (if any were filed concerning liens previously put on the property. We handle cases throughout California. We can review your documentation by fax and speak with you by phone.
Re: Liens for non payment of road association dues
The answer depends upon your CC&R's. You can do what they allow, carefully and precisely to avoid creating legal liability for the directors or association. You need the assistance of counsel for this.
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