Legal Question in Real Estate Law in California
HOA Lien
I'm the treasurer for a small (7 single-family houses) Homeowners Association. One of the owners is in arrears for his HOA dues, by $1000. I was searching for local foreclosures today, and found that this owner has now received a notice of default from his lender.
What do I need to do to protect the HOA's interest, in case this house goes to foreclosure? Do I need to file a lien? How do I do this? Do I need a local lawyer, or is a simply process at the local courthouse.
This is in Monterey County California
3 Answers from Attorneys
Re: HOA Lien
An HOA can lien a member property but you must follow some technical requirements to do so properly.
We have experience in the creation and advisement of HOAs. We devote a substantial portion of our practice to real estate law.
We are in southern california but this is nothing that would require face-to-face contact.
Feel free to call or email to discuss.
Regards,
Ben
Re: HOA Lien
The answer is, as Mr. Berger points out, a lien is the way to go.
Frequently the steps to be followed are in your CCR's.
Also, the notice of default still gives the owner 125 days to eliminate the debt and bring payments current.
I doubt that Monterey County is much different than Kern County, where I practice. I am. as is Mr. Berger, of the opinion that you would be better off with an attorney than doing it youself.
Re: HOA Lien
A lien should be filed. However, a demand letter should be sent. Association collections are governed by the C.C. & R's, and Sterling - Davis Act and certain formalities have to be met. We can help you with this. Please call us if you have any questions.
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