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JackC14 (California)
Posts: 6
Posted:
My HOA wanted to charge me $1100 from my ex-tenant who removed some HOA mulch for his use, which was left for weeks on public area . I refused to pay for my tenant's misbehavior without judgement against me and also feel it is overcharged. The HOA now recorded a lien on my property for $1600 after adding the processing fee of lien. I have contacted the management company at least 7 times and no response from them , other than sending statement with more late fees.

Is it legal in California for HOA to put a lien on this situation without any judgement? I am never late paying HOA dues. I am aware HOA can lien for unpaid dues. But this is not a result of that!
TimB4 (Tennessee)
Posts: 21,059
Posted:
The term judgement, to many of us, means a ruling by a court of law.

Is this what you meant by the use of that term?

Did the board hold a hearing and invited you to attend?

On a side note, I had a friend who was almost arrested for taking gravel from a pile of gravel located in a public area which was there for over three years.
Turned out the gravel belonged to the railroad.

Therefore, I agree that you might have been able to argue the cost but, technically, the mulch was not your tenants to take without permission.
Most governing documents do specify that the owner/member is responsible for the actions of their guests or tenants.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
A lien can be placed for damages the HOA incurred in fixing the violation. If the HOA tells you to paint your house correct color and you refuse, the HOA can paint it at whatever their expenses are and bill the owner. If so not pay, then can be lined.

You as the owner are responsible for your tenants actions in a HOA. The member is the HOA member not the tenant.

Former HOA President
JackC14 (California)
Posts: 6
Posted:
So California law allow lien for my situation, not just unpaid sues.
JackC14 (California)
Posts: 6
Posted:
not just unpaid dues
TerriS6 (California)
Posts: 3,284
Posted:
Quote:
Posted By JackC14 on 03/02/2024 12:24 PM
My HOA wanted to charge me $1100 from my ex-tenant who removed some HOA mulch for his use, which was left for weeks on public area . I refused to pay for my tenant's misbehavior without judgement against me and also feel it is overcharged. The HOA now recorded a lien on my property for $1600 after adding the processing fee of lien. I have contacted the management company at least 7 times and no response from them , other than sending statement with more late fees.

Is it legal in California for HOA to put a lien on this situation without any judgement? I am never late paying HOA dues. I am aware HOA can lien for unpaid dues. But this is not a result of that!

Read Civil Code sections 5650 to 5690 very carefully. The board has to vote at an board board meeting before recording a lien. They have noticing requirements. They are required to offer to meet with you. They are required to let you make payments which have to be applied to assessments first. A board can't execute a nonjudicial foreclosure on fines owed. If a board violates any of these steps you can take them to small claims court and they can be fined up to $500. for each step they missed. Read those sections very carefully.
TerriS6 (California)
Posts: 3,284
Posted:
https://findhoalaw.com/fines-monetary-penalties/
JackC14 (California)
Posts: 6
Posted:
Thanks for the response.

Can I ask HOA to provide evidence of the meeting with signatures dates, and voting result for recording my lien?
JackC14 (California)
Posts: 6
Posted:
Thanks for the response.

Can I ask HOA to provide evidence of the meeting with signatures dates, and voting result for recording my lien?
JackC14 (California)
Posts: 6
Posted:
Thanks for the response.

Can I ask HOA to provide evidence of the meeting with signatures dates, and voting result for recording my lien?
SheliaH (Indiana)
Posts: 6,964
Posted:
As the owner, you're a member of the association and therefore ultimately responsible for the conduct of your tenants. This might have been avoided if you'd given your tenant a copy of the community rules and wrote into the lease that he or she would be liable for community rule violations and failure or refusal to comply could lead to eviction.

The tenant doesn't have a contract with the HOA, you do. If you felt the lien was unfair, you should have filed an appeal. Instead, it appears you did nothing - did you get any violation notices? If so, did you think they'd would just disappear without you lifting a finger?

Filing a lien costs money, so the amount probably includes attorney fees, costs of the damage to the common areas and fines. Ask for a breakdown of the costs - whether you can prove this is overcharging is another matter you'll have to take up with an attorney. How you and the tenant fix this is up to you. In any case, you may have to consider this an expensive lesson - starting with adjusting your lease agreements.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TerriS6 (California)
Posts: 3,284
Posted:
Quote:
Posted By JackC14 on 03/02/2024 1:32 PM
Thanks for the response.

Can I ask HOA to provide evidence of the meeting with signatures dates, and voting result for recording my lien?

Yes. Ask for the minutes and notice and agenda of the meeting where the board voted to record a lien on your property. Minutes must be made available to members 30 days from the meeting date even if they are draft minutes. Also, if the board was on Zoom, their vote was required to be by roll call.
KerryL1 (California)
Posts: 14,550
Posted:
In Calif & in your HOA's CC&Rs or Rule & Regs, you're required to receive notice from the Board about the alleged violation and you're required to be invited to a hearing with the Board in executive session to present your side of the story.

What do your documents say about this?? Weren't you called to a hearing about this alleged violation???

If your Board posts meeting minutes once approved, you should be able to see them on a protected web site. While the Board is permitted to discuss whether or not to lien in executive session (closed meeting), the vote to lien must be done in an open meeting. and it must have been placed on the agenda for that meeting.

You have the right to request a copy of the invoice and any other expenditures involving your violation of the governing documents, i.e.,, removing common area property.
AidylP1 (California)
Posts: 108
Posted:
A lien cannot be recorded against property for the failure to pay a fine(s).

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