Legal Question in Real Estate Law in California

We are managing the accounting of dues paid by homeowners on our road. We have established a Road Association (with TIN) and would like to know what we could do to collect non-paid annual road maintenance dues. Would a mechanics lien be an appropriate method to pursue non-paid dues?


Asked on 1/28/11, 2:08 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

How you can go about collecting those dues is a question which requires a lot more information to answer. Has the assocaition recorded a declaration of CC&Rs;which encumbers each and every "member" of the association? A mechanics lien is not the correct mechanism. You need to review how the association was created, is it even an enforceable obligation - there is a lot more required by an attorney to advise you on this matter.

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Answered on 1/28/11, 2:48 pm


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