Legal Question in Real Estate Law in California
failure to pay HOA dues. can a lien be put on a unit and then foreclosed on?
4 Answers from Attorneys
It is possible to do so, please refer to your HOA rules and regs
you need to look at the CC&R's that govern your unit, but many HOA's do have such rules.
Yes, and actually your Association is required to have a Delinquent Assessment Collection Policy - that is where you want to look for how long it will take, what steps they will take to collect the assessments, etc... You can always ask the Board of Directors to create some sort of plan to repay the dues. In some cases, depending upon how much is owed on your home, they might even take less than the full amount owed.
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You don't need to look at anything but the Civil Code. Unpaid assessments, whether regular dues or special assessments, can be collected by a lien on the property followed by foreclosure, as long as the provisions of the Civil Code are followed in setting and collecting the assessment.