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?


Asked on 4/16/10, 12:43 pm

4 Answers from Attorneys

Vivian Szawarc Law Offices of Vivian N. Szawarc

It is possible to do so, please refer to your HOA rules and regs

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Answered on 4/21/10, 12:48 pm
George Shers Law Offices of Georges H. Shers

you need to look at the CC&R's that govern your unit, but many HOA's do have such rules.

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Answered on 4/21/10, 12:48 pm
David Gibbs The Gibbs Law Firm, APC

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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Answered on 4/21/10, 12:55 pm

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.

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Answered on 4/21/10, 12:56 pm


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