Legal Question in Real Estate Law in California
Who can attach a lien
I live on a privately owned street. The majority of the homeowners want to repave the street, at our own expense. If some homeowners do not contribute their share is there a way of recouping monies expended for them?
2 Answers from Attorneys
Re: Who can attach a lien
There is a Statute that provides that each person owning property along a private road must pay their proportionate share of the cost of the repairs to the common portion of the road. I don't recall where this code section is located as it has been over 10 years since I researched this area of the law.
Re: Who can attach a lien
That depends on how ownership of the street is held and if there is a homeowners association involved. If there are formal bylaws, they should state how such things are handled.
Usually, an assessment goes to all home owners and they are responsible for a share, even if they did not vote for it. I would be happy to review the documents for you ... call me at 925-924-0100
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