Legal Question in Real Estate Law in California

I am representing a buyer in a shortsale and the seller has an HOA lien on the property. We have an offer and shortsale documents in with the bank however the HOA is not cooperating in negotiating the amount. The seller has requested a Board meeting to consider this request, but no response -what can she or I do to get the HOA to respond?


Asked on 11/09/12, 2:39 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Possibility #1 is to refer to the HOA bylaws to see what it says about calling a special meeting of the board. Probably takes more than one member. Next possibility is to wait for the next regular meeting, carefully observing what may be necessary to be sure your request is on the agenda. An overriding problem remains, however: if the board does take up the matter at a regular or special meeting, how likely is it simply to say "no"? If the lien is legit, a principled board would, perhaps, be right in refusing to negotiate.

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Answered on 11/09/12, 3:13 pm


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