Legal Question in Real Estate Law in California
Homeowners Association Lien Notice
CC Section 1365.1 requires that a homeowners association send certain documents by certified mail to the ''owner of record'' of the property at least 30 days before it records a lien on the property. If the property is a rental and the HA sends the documents by certified mail and the mail is never claimed or the receipt is singed by the tenant, is the statute satisfied? This is a case where the ''owner of record'' never knew of the lien because the documents were sent to the property address and the tenant either didn't get the documents or got them and threw them away.
2 Answers from Attorneys
Re: Homeowners Association Lien Notice
I would say the statutory requirement probably was satisfied. There are some facts missing here, e.g. whether the owner kept the HOA informed as to his address for mailing of notices, but unless there are some additional facts suggesting that the HOA was negligent in sending the notice to the property address (such as disregard of a change of address notification), I think it will be hard to convince a court that the HOA was in some respect at fault.
Re: Homeowners Association Lien Notice
I've represented literally hundreds of associations and done a LOT of assessment collections. It is the owner's burden to keep the HOA informed of the proper billing address. If you listed the unit as the billing address, the statute is satisfied. Where does the HOA send your bills for the regular assessments?
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