An HOA or community association can file an HOA lien for assessments against your property. For our purposes, the Community Association is a nonprofit group created for the purpose of managing the common interests of a development (condominium, planned development, apartments, etc.) Any HOA (Homeowners' Association) can file a lien for unpaid assessments.
A California HOA can file a lien in response to any regular or special assessment that was assessed by the association and that is valid according to published association rules and regulations. The regular assessments are the dues that are due to the association in exchange for the management of the community as agreed. Special assessments are one-time fees that are typically levied in order to enable the HOA to complete their obligatory duties under the association's governing documents.
The HOA may also record a lien for costs that were incurred by the association to repair damage to common areas a member or member's guest is responsible for inflicting.
Fees that can be Included in an HOA Lien:
- Late Charges
- Reasonable Fees
- Costs of Collection
- Reasonable Attorney Fees
- Interest (with limitations)
If you are having legal issues with your HOA, contact an experienced southern California real estate attorney as soon as possible. The Law Office of Retz & Aldover LLP will help you ascertain what your next move should be and help you protect your home from an HOA lien.