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Can a HOA lien cause my home to be foreclosed on?

Santa Cruz, CA |

I'm six months late with HOA dues, and was told by the property management that they can proceed with a lien on my property, which can lead to foreclosure. Are they right?


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Attorney Answers 2

Posted

Yes, they are certainly correct. However, the HOA must send a pre-lien letter and follow all of the procedures set forth in the Davis-Stirling Common Interest Development Act.

http://www.avvo.com/legal-guides/ugc/hoa-pre-lien-letter-in-california?ref=kb_serp_title_4

In California, HOAs are allowed to record a lien but may not start foreclosure until the delinquent assessment is at least $1,800 or the delinquency is at least 12 months old pursuant to California Civil Code section 1367.4(b)(2).

For an explanation, see:

http://www.avvo.com/legal-guides/ugc/obtaining-a-hoa-lien-in-california?ref=kb_serp_title_2

The HOA foreclosure timeline is set forth here:

Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.

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Posted

In theory yes. In practice, it is difficult and expensive to foreclose on an assessment lien, but it has been done (I have done it).

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