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Legal Reference Question of the Week

By Benita on April 06, 2013//Leave a comment
Photo of an apartment complex

Q: How do I obtain a lien against a member of a homeowner’s association for past due fees?

 

One of our more challenging questions this week! After searching through our real estate collection, we discover this type of lien is referred to as an assessment lien and information regarding the procedures are available in several resources including:

 

CEB’s Advising California Common Interest Communities, Chapter 5;

Matthew Bender’s California Real Estate Law & Practice, Chapter 121; and

Matthew Bender’s California Legal Forms, Chapter 34

 

According to Advising California Common Interest Communities, the association must first send the owner “a certified pre-lien notice,” wait 30 days after delivery and then record “in the county where the development is located, a notice of delinquent assessment…This notice creates a lien against the delinquent owner’s separate interest.”

 

This is just a small snippet of the information found and you may need to conduct further research to fully understand all the requirements for recording an assessment lien.

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