Full question:
A Condo owner has defaulted in paying his monthly H.O.A. dues. The Condo is in foreclosure and the bank requires a lien on property, so that at sale they pay the overdue H.O.A. fees. Therefore, the Home Owners Association needs to file a lien, so, is there a 'lien form' that we can use or it must be filed by a lawyer?
- Category: Real Property
- Subcategory: Homeowner's Association
- Date:
- State: California
Answer:
Homeowner associations often charge monthly fees or dues to maintain common areas, and can levy assessments on residents for major renovations or repairs. The fee policy depends on what the governing association determines it to be. In some cases, residents who either cannot or will not pay required fees can face foreclosure. Associations may decide to bring legal action against a resident for alleged violations of the bylaws or covenants that are not resolved. A court of law which has jurisdiction over the parties and the subject matter may render a formal judgment for or against the resident. Courts of law may award monetary damages, impose injunctions, impound vehicles, or compel removal of personal property such as pets. They may empower the association itself to take action, or compel relief through other resources, such as local police.
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This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
