Legal Question in Real Estate Law in California
How to file a property lien; recovering overdue HOA fees prior to sale
One of the townhouses in our condo project is up for sale again after being taken off the market for a while. This just happens to be the unit that is constantly delinquent in paying their HOA fees. Despite a recent large payment, they currently owe over $1000 in overdue fees.
How does the HOA put a lien on their property to ensure that those overdue fees are paid off before they sell and disappear? As HOA president, I don--name removed--want to force a sale if they change their minds again; I just want to make sure the overdue fees are recovered.
Is this the correct action to take? What other recourse is there? TIA for your help.
2 Answers from Attorneys
Re: How to file a property lien; recovering overdue HOA fees prior to sale
Yes, the HOA may place a lien on the unit. You should consult with an attorney to make sure it's done precisely correctly. If not, the lien may be invalid and, even, expose the HOA to liability. If you're in the SF Bay Area, feel free to call me or e-mail me for more assistance.
Re: How to file a property lien; recovering overdue HOA fees prior to sale
Along with the good information Mr. Genser sent,
you might contact a trustee's service. These are
firms that normally handle foreclosures of trust
deeds, but are also usually experienced in preparing
HOA assesment liens and handling the foreclosure
if necessary. If you have access to a law library, you
might want to look up Cal. Civil Code sec. 1367 for
further information.
The information above is provided as an accomodation
only and can not be considered specific legal
advice based on a comprehensive review of all
relevant facts and documents. Further, provision
of the information can not be construed as creating
an attorney-client relationship.
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