Legal Question in Real Estate Law in California

Re: Home Owners Association Monthly Charges

I'm surprised no mention was made in the previous answers of what seems to me like an obvious first (or second?) step. After determining from the public records that your assumptions about the foreclosure sale and the new owner are correct, then contact the new owner - the bank or whomever - and (a) discuss their plans, and (b) inform them of when, where and how to learn about the HOA rules and dues. It's much the same process as you'd have in contacting heirs after a prior owner dies.

Re: Home Owners Association Monthly Charges

You have several options available. One such option is that you can collect some of the unpaid dues from the previous owner personally together with the attorneys fees to collect under the Davis Stirling Act. You have some options against the current owner, too.

Re: Home Owners Association Monthly Charges

You should review the HOA Bylaws and CC&R's. Then you need to find out whether the bank has completed the foreclosure and actually own the unit.

There's usually a paragraph in the CC&R's or Bylaws, protecting a lender from delinquent HOA dues prior to the foreclosure.

Thus, once the bank actually owns the unit, the bank also becomes responsible for paying the HOA dues, but will have no responsibility for the past dues incurred before the foreclosure date.

The HOA recourse for HOA dues incurred prior to foreclosure is to sue the prior owner. I'm not sure if that's going to be worth your time and money since the prior owner didn't have enough money to keep the unit from foreclosure. It may be worth some investigating into the prior owner's assets though.

Hope this helps.

Re: Home Owners Association Monthly Charges

The bank must follow your C.C. & R's, and pay the assessments. Our firm generally handles association collection cases and we can explain the procedure if you contact us.