So you got behind, reached a settlement agreement and then breached the settlement agreement by not upping the payment when the HOA told you it was increasing the dues? The HOA has the right to foreclose on its lien, so you should either get a new payment plan going or consider seeing an attorney about a Chapter 13 bankruptcy to get caught up on the HOA dues.
First, the firm is a debt relief agency according to the U.S. Bankruptcy Code. We help people file for bankruptcy. We also do other stuff and we do it well, but Congress wants me to post this notice. Second, nothing on this site is legal advice. You are not my client unless you enter into a written agreement signed by you and me.
The HOA has rules that govern what they can do and you have rules that govern what you can do. You agreed to comply with the rules when you purchased the home. You knew there was a good chance that dues would change over time. If you want to avoid losing your home, and/or perhaps a lawsuit, then make arrangements to cure what you owe.
If you feel that there is a problem with the HOA then you need to seek competent legal counsel.
My best to you.
This firm is in the business of helping people and companies file for bankruptcy protection. Therefore, the bankruptcy code requires that we call our firm a "debt relief agency." This information is provided for general information purposes only and is not intended to be a legal opinion, legal advice or a complete discussion of the related issues. Nor is this advice intended to create a client - attorney relationship. Every individual's factual situation is different and you should seek independent legal advice from an attorney familiar with the laws of your state or locality regarding specific information.
The HOA can both record a lien as well as file a civil lawsuit for the unpaid HOA dues.
California Civil Code §1367.1(a) provides: "A regular or special assessment and any late charges, reasonable fees and costs of collection, reasonable attorney's fees, if any, and interest, if any, as determined in accordance with Section 1366, shall be a debt of the owner of the separate interest at the time the assessment or other sums are levied."
Also, notwithstanding more restrictive limitations placed on the board by the CC&Rs, the HOA board may increase regular dues by up to 20% of the HOA's preceding fiscal year without membership approval. (Civil Code §1366(b).)
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.