California Notice of Lien to a Condominium Unit Owner for Unpaid Assessment Fees

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Description

A condominium is a combination of co-ownership and individual ownership. Those who own an apartment house or buy a condominium are co-owners of the land and of the halls, lobby, and other common areas, but each apartment in the building is individually owned by its occupant. Either in the bylaws of the condominium association, the declaration of condominium filed in the land records of the county where the condominium is located, or in some other document, there will be an agreement among the unit owners regulating the administration and maintenance of the property, including payment of assessments by the owners.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

After a lien is placed on your home, your HOA can choose to foreclose on that lien. It doesn't even matter if there is a mortgage on the home ? as long as state laws and the CC&Rs allow it, you may face foreclosure. There are two ways an HOA can foreclose on a lien: Judicial foreclosure.

The Davis-Stirling Common Interest Development Act, commonly known as the Davis-Stirling Act, is the section of the law that specifically regulates community associations. The first California community association statutes, sections 1350-1374, were passed in 1985 ("old code").

Because California is not a super lien state, a bank foreclosure will take priority over a community association's lien and does not require the lender to provide any compensation to the association for unpaid assessments.

The HOA can get a lien on your home. The association typically can charge you for the overdue assessments, plus attorneys' fees, costs, late charges, and interest. The association might choose to foreclose its lien. Lien priority determines what happens to other liens, like a mortgage, if an HOA lien is foreclosed.

California Community Association Law The Davis-Stirling Common Interest Development Act is the primary set of rules that govern California Homeowners' associations. These rules were created in 1985 and have been updated continuously throughout the years.

An assessment lien is a legal claim or "hold" on an owner's unit or lot making the property collateral against delinquent assessments, whether regular or special assessments, owed to the association.

California law currently does not place a cap on HOA fee increases, though you should check your governing documents to see if they limit such increases. An HOA board is generally allowed to raise the fees by as much as the association needs to meet its budget.

After a lien is placed on your home, your HOA can choose to foreclose on that lien. It doesn't even matter if there is a mortgage on the home ? as long as state laws and the CC&Rs allow it, you may face foreclosure. There are two ways an HOA can foreclose on a lien: Judicial foreclosure.

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California Notice of Lien to a Condominium Unit Owner for Unpaid Assessment Fees