Legal Question in Real Estate Law in California
In Fremont, CA there is a townhouse that has a NOTICE OF TRUSTEE SALE filed against the property. After the NTS was recorded, the HOA filed a lien against the homeowner. In California, do HOA liens have special priority? How does the HOA get paid and by who?
1 Answer from Attorneys
I don't think so. Government liens for taxes may have priority, because they attach to the property and are not obligations of a particular owner. HOAs aren't governments. I believe they have to line up in order their lien was recorded, just like the mortgage man and the judgment creditor. I am not an expert in this area, but I have consulted standard reference works on this general topic and have seen no mention of any law or principle giving an HOA a special priority outside that determined by sequence of recording.
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