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California condo HOA

Posted on: 16th Mar, 2008 03:55 pm
If the HOA dues aren't paid for a condo in California, does the association put a lien on the property or just sue immediately in the courts?

Thanks!
Hi Aapl,

Welcome to forums.

Whether the Homeowners Association will put a lien or not depends on the state laws. Say for example, in Texas, the HOA has a lot of power and can put lien on the property as well as foreclose. In others they might simply sue and demand the dues.

In California, as much as I've heard, the HOA can sue one in small claims court. But do you have any dues?

Thanks
Posted on: 16th Mar, 2008 09:34 pm
We have to pay the association fee monthly; it's $175. Aside from that, I can't think of any dues. I'm thinking I should go ahead and try to pay these until the lender takes over the property. I don't want to end up in small claims for this. My credit will be jacked up enough.
Posted on: 16th Mar, 2008 09:38 pm
Hi aapl4theteacher,

It's good that you've decided to pay the dues. But why do you think the lender will foreclose? Are you having problems with your mortgage? Please let us know, we can then suggest the possible option to avoid a foreclosure.

good luck
Posted on: 17th Mar, 2008 02:36 am
basically i havnt paid tha hoa fee for 6 months. i owe $1,700.00 and there guna put a lein on tha condo within 60 days. this is in california by tha way. my question is can they take tha property from me? my condo is paid off (no loan) an if they can take it how long of not paying before they can repossess my condo?
Posted on: 28th Nov, 2009 09:57 am
Hi,

HOA will not foreclose on your condo if you owe them $1,700.00 in fees. The condo is paid for and there is no lien attached to it. The HOA cannot foreclose on the property, though they can put a lien on your property. If you ever want to sell the condo, you will have to pay off the lien first.
Posted on: 01st Dec, 2009 05:29 am
My property foreclosed on 24June2010. The HOA filed lien agains the property on July 2009. The property has now been sold and has new owner. The lien was a dispute between HOA and I for water bill for the most part of $7000. What happens to the $7000 lien to the foreclosed and sold property?
Posted on: 28th Jun, 2010 01:21 pm
Hi Alice!

Welcome to forums!

The HOA can either collect the lien from the new owner of the property or else, the new owner of the property will ask you to pay off the lien in order to receive a lien release certificate.

Feel free to ask if you've further queries.

Sussane
Posted on: 28th Jun, 2010 11:11 pm
I am a Board member of a Calif. HOA. We have and do foreclose on any dues above $1800 (excluding atty fees or violation fines). We actually PREFER ones that have no mortgage. We know that they will sell at the trustee's sale and we will get our money that is owed. We also foreclose on ones that are upside down, we know we will get no funds but will stop the drain on the HOA fiances and rent out the property until the bank forecloses. Costs to the owner easily double by the time the HOA pays the attorneys. We don't go to court EVER because it's near impossible to collect.
Posted on: 16th Dec, 2012 11:36 am
Hi Brooxie,

Thanks for sharing your opinion in the forums! :)
Posted on: 16th Dec, 2012 09:46 pm
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