Legal Question in Real Estate Law in California
the rights of a homeowner
can you please let me know if it is legal for the managers of an homeowner's association to take monies delivered for payment of homeowners dues and apply those dues toward a service charge without the consent of the homeowner? secondly, can the property management company be held libable for the lien, the lien release and be forced to return the money in full for filing the lien under suspect circumstances? can you please quote a california code that can be referenced that would be applicable to the above question?
1 Answer from Attorneys
Re: Homeowner's Association Dispute
Normally, monies do not have to be applied exactly as the submitter requests. The rules of
the homeowner's association can provide that monies be applied in a certain order, usually to maximize
interest or penalties. I cannot answer your specific situation without much more information.
You should look at Civil Code Sections starting with 1351, and especially 1367, to see the homeowner's
association's rights, and its rights concerning liens.
Given the lack of specific information in your question, this is the best I can do.
Jed Somit
Jed Somit, Attorney at Law
1440 Broadway - Suite 910
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