Legal Question in Real Estate Law in California

Can an HOA implement foreclosure proceedings?

Asked on 3/28/19, 6:12 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Yes, an HOA may and sometimes does foreclose when it holds such power under an instrument executed by the homeowner. Although less common than lender foreclosures, HOA foreclosures are not rare.

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Answered on 3/28/19, 7:31 pm
Timothy McCormick Libris Solutions - Dispute Resolution Services

To put it more simply than Mr. Whipple and with some clarification: HOA documents attach to title and except in extremely rare and odd circumstances cannot be removed. They control every owner’s title with each sale. In some ways they are like a mortgage that can never be paid off, particularly as to the duty to pay HOA dues. Failure to pay the dues is much like defaulting on a mortgage, and the HOA can foreclose the same as if a mortgage goes unpaid.

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Answered on 3/28/19, 9:58 pm

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