Legal Question in Real Estate Law in California

Re: Can a HOA foreclose?

Yes, they can. There are some recent limitations on how much has to be owed before they can foreclose, but no question that if you are far enough behind, they can and will foreclose the property free and clear of your liens.

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Re: Can a HOA foreclose?

Yes, assuming your home is part of what's called a "common interest development" in the Civil Code. Assuming that it is, dues are considered assessments that once delinquent, allow the governing body to impose a lien on the property. If the lien value exceeds $1,800.00, or has been delinquent for over 12 months, the governing body can foreclose that lien either by judicial foreclosure or non-judicial foreclose, i.e., a foreclosure sale.

There are conditions to the governing body's imposition of a lien and subsequent foreclosure, and the proper procedure must be followed. I'd suggest contacting an attorney in your area who handles real property related matters and discuss your situation.

Re: Can a HOA foreclose?

Of course, following proper procedures.

Re: Can a HOA foreclose?

Not usually, but a lien may be placed on it. Contact me directly.