Legal Question in Real Estate Law in California

I live in a condo in El Cajon Ca. I got a notice of foreclosure from the bank in the mail. I have 90 days to bring my payments current. I am going to let my condo go into foreclosure and will be moving out on sept 1st. The auction is not going to happen until the end of October at the earliest. Do I still have to pay the HOA dues even though I am not living in the condo. My HOA company says yes.


Asked on 8/09/10, 4:27 am

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

Legally you are required to pay the condo dues until you no longer are the owner. Whether they go after you for not paying is up to them. Contact the bank and see if they can move up the date of sale with your giving them a waiver to do so.

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Answered on 8/14/10, 8:30 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The HOA is correct. Liability for the dues is based on ownership, not occupancy.

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Answered on 8/15/10, 1:41 pm


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