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

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? .

Santa Cruz, CA -

Attorney Answers (2)

Frank Wei-Hong Chen

Frank Wei-Hong Chen

Real Estate Attorney - San Marino, CA
Answered

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-li...

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-...

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... more
David S Hoffman

David S Hoffman

Real Estate Attorney - San Jose, CA
Answered

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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