California Homeowners Association (HOA) is doing a non-judicial foreclosure of a lien filed on a unit. Is there anything that would prevent the HOA from placing a lien on the unit owner's vehicle too. Is it a good idea? I read the one-action rule but I thought it only pertained to judicial foreclosures and court judgments so it would not prevent the vehicle being tagged with a lien.
No, the foreclosure of the HOA lien cannot include personal property such as a vehicle owned by the delinquent homeowner. (See generally, CA Civil Code sections 1365, 1367.1, 1367.4)
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
Real Estate Attorney
Under Section 1367(f) of the California Civil Code, HOA assessments are not subject to the one-action rule. This means that the association can pursue a deficiency judgment following a trustee sale.
Construction / Development Lawyer
The lien would attach to the unit, not other property.