Legal Question in Real Estate Law in California

HOA Dues (Delinquent)

A neighbor has not been paying his HOA dues. I contacted the management company for the condo and they said they have to wait until the neighbor is $1800 delinquent on the HOA fees, and then they can file a lien on the property. Is that correct? I thought you could file a lien on a property for any amount. Please advise.


Asked on 6/30/09, 2:08 pm

3 Answers from Attorneys
Larry Rothman Larry Rothman & Associates

Re: HOA Dues (Delinquent)

Your management company is wrong. A lien can be filed for any amount. There must be $1,800 owed in order to foreclose against the property. Please call me if you have any questions concerning collection or foreclosure

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Answered on 7/10/09, 2:12 pm
Thomas W. Newton Tims & Newton

Re: HOA Dues (Delinquent)

Your neighbor is protected by Cal. Civil Code � 1367.4, which precludes private or judicial foreclosure to collect delinquent assessments of less than $1,800.00. That section protects you as well.

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Answered on 6/30/09, 2:30 pm
Roy Hoffman Law Offices of Roy A. Hoffman

Re: HOA Dues (Delinquent)

Civil Code section 1367.4 provides that a HOA cannot FORECLOSE on a lien for assessments unless the lien exceeds $1,800.00, or is more than 12 months old. The HOA can sill record a lien with the County Recorder even if the amount in question is under $1,800.00, provided the HOA takes certain steps first.

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Answered on 6/30/09, 2:34 pm


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