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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 27594
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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My Hoa filed a involuntary lien against me how do I dispute

Customer Question

My Hoa filed a involuntary lien against me how do I dispute it I live in California I work 2 jobs I pay for my own insurance which I can't afford and I don't want to lose my condo
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 year ago.

Good morning. Was this a result of unpaid HOA dues/fees?

Expert:  RealEstateAnswer replied 1 year ago.

You can contest this, in one of two ways. The first, would be if the HOA failed to follow what is required under the law.

In California, a lien cannot be recorded until 30 days after the HOA has sent notice to the homeowner regarding the delinquent assessments. The notice must include (among other things):

  • a general description of the collection and lien enforcement procedures
  • an itemized statement of the charges owed, and
  • various options to try to resolve the problem of the delinquent assessments (Cal. Civ. Code § 1367.1(a)).

The HOA must notify the homeowner in writing at both a primary and, if available, a secondary address (Cal. Civ. Code § 1367.1(k))

If they did not do this, then the lien would need to be removed, until they follow the proper process. The second way to dispute this would be in the amount is inaccurate. You can ask them for a breakdown of the amount owed and fees and compare it to what you may have paid, if you think the amount is not right. Now, if this is a situation where you simply fell behind, then you need to work out a payment plan with them, to repay what is past due and pay what is currently owed, going forward, to prevent them from foreclosure.

The HOA cannot foreclose unless:

  • the delinquent amount is $1,800 or more (not including any accelerated assessments, late charges, fees and costs of collection, attorney's fees, or interest), or
  • the owner has been delinquent for more than 12 months (Cal. Civ. Code § 1367.4).

With that being said, if you do not want to lose the condo, a payment plan must be worked out to be come current

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Expert:  RealEstateAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!