Legal Question in Real Estate Law in California
Placing a lien
We manage a 106 unit condo complex and have several instances where owners have stopped paying the dues. As a corporation we are only allowed to go to small claims twice in a calendar year. We have already filed once and have several homeowners in arrears and they have stopped paying on their mortgage. What is the process for placing a lien on the property? How do you choose the amount of the lien when the dues accrue each month plus a $10 late fee. For instance an individual is currently $1350 behind in dues yet next month there will be another dues payment for $335 plus $10 late fee for non-receipt of the previous months dues. How do you choose the amount of the lien to be placed on the property?
2 Answers from Attorneys
Re: Placing a lien
This requires more than a simple answer. An attorney, such as myself, would have to examine your whole situation. I cannot get specific without knowing for certain which condos you are talking about, to be sure I do not represent any of your tenants, but being in 93551 I don't think I have any conflict. You may need to change the condo rules if you do not have an effective way to enforce the rules, and you need to know how to do that - some homeowners may protest and or take legal action even if you do it properly. Liens are recorded and have specific procedures that should be followed - or else you may be facing a lawsuit yourself for much more than the amount they owe you, such as for "slander of title." Let me know if I can be of assistance.
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Re: Placing a lien
The Civil Code requires certain notifications before a lien can be placed on the property. Please contact our office and we can explain to you the entire process for collection.
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