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How far can an HOA go with fines?

Chula Vista, CA |

My HOA began fining me over two years ago for rules I have not violated. For example, noise complaints have been made against me, sometimes when I'm not even home. Needless to say, I don't pay these fines. Every month that the fines are not paid, the HOA charges 10% interest (each month). Interest charges alone are $200 per month. I was told if my house sales, I am liable for these fines, and interest, and a lien can be placed. Nothing has gone to court. Is this correct?

Attorney Answers 1


  1. You’re playing with fire. Yes, the HOA can place a lien on your property and even foreclose the lien. You are also personally liable for all such charges for the period of time you own the unit.

    Ignoring the issue will not make it go away, it will only get worse. Just recently I heard from an owner who lost his condo to foreclosure by the HOA. The foreclosure process does not require court action.

    You may find one or more of my blog posts on this page worthwhile reading: https://mrdaymude.com/category/hoas/

    -- Michael

    Michael R. Daymude, Attorney at Law
    Sherman Oaks Galleria – Comerica Bank Building
    15303 Ventura Boulevard, Suite 900
    Sherman Oaks, CA 91403-3199
    (818) 971-9409
    www.mrdaymude.com

    SINCE 1974. My answers are for general information only. They are not legal advice. My answers assume California law. I am licensed in California, only. Answers must not be relied upon. Legal advice and counsel must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice and counsel during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice or counsel in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for advice and counsel. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

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