JasonC
Posts: 21
Posts: 21
Posted:
I heard that a lien cannot be place on a unit if the assessments are lower than $1800. Is this correct. I am in CA. If this is the case and the lien was placed on the property can the owners sue the HOA?
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CA lien
Started by JasonC • 4 replies • 1943 views
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HaroldS
Posts: 902
Posts: 902
Posted:
Jason - yes, $1800 is correct OR any amount over 12 months old.
Here is an article that might help you. http://realtytimes.com/rtcpages/20060104_newlaw.htm
Here is an article that might help you. http://realtytimes.com/rtcpages/20060104_newlaw.htm
KathyS
Posts: 137
Posts: 137
Posted:
No, you can't sue the association for filing a lien for assessments.
This is what the associaiton has to do if the lien was filed in error.
Errors in the Lien.
If it is determined that a lien previously recorded against the separate interest was recorded in error, the party who recorded the lien shall, within 21 calendar days, record or cause to be recorded in the office of the county recorder in which the notice of delinquent assessment is recorded a lien release or notice of rescission and provide the owner of the separate interest with a declaration that the lien filing or recording was in error and a copy of the lien release or notice of rescission. Civ.Code 1367.1(i)
This is what the associaiton has to do if the lien was filed in error.
Errors in the Lien.
If it is determined that a lien previously recorded against the separate interest was recorded in error, the party who recorded the lien shall, within 21 calendar days, record or cause to be recorded in the office of the county recorder in which the notice of delinquent assessment is recorded a lien release or notice of rescission and provide the owner of the separate interest with a declaration that the lien filing or recording was in error and a copy of the lien release or notice of rescission. Civ.Code 1367.1(i)
JosephW (Michigan)
Posts: 874
Posts: 874
Posted:
Hold on a second Harold,
The law is you can't foreclose on a lien for under $1,800 or less than 12 months. The association can file a lien at any time there is a delinquency, depending on their bylaws and/or collection policy. The lien simply protects the association's interest by notifying any interested party that money is owed.
Joe
The law is you can't foreclose on a lien for under $1,800 or less than 12 months. The association can file a lien at any time there is a delinquency, depending on their bylaws and/or collection policy. The lien simply protects the association's interest by notifying any interested party that money is owed.
Joe
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KathyS
Posts: 137
Posts: 137
Posted:
Joe,
Thanks for clearing that up. I have read the law and some attorney opinions on the subject and understand that many associations are filing the assessment liens prior to the $1800 mark or the twelve month period. You are correct, the law doesn't say a word about not filing a lien prior to the amount or time when it will allow the foreclosure proceeding to start.
I think this is a huge misunderstanding by the homeowners who think they can wait till the year is up to pay or the $1800 mark is reached. What is interesting is all the media hype that led people to believe this in the first place.
Kathy
Thanks for clearing that up. I have read the law and some attorney opinions on the subject and understand that many associations are filing the assessment liens prior to the $1800 mark or the twelve month period. You are correct, the law doesn't say a word about not filing a lien prior to the amount or time when it will allow the foreclosure proceeding to start.
I think this is a huge misunderstanding by the homeowners who think they can wait till the year is up to pay or the $1800 mark is reached. What is interesting is all the media hype that led people to believe this in the first place.
Kathy
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