Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My Hoa filed a involuntary lien against me how do I dispute…

Customer Question
My Hoa filed a involuntary...
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: 2 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 1 minute by:
1/29/2016
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 2 years ago
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 31,896
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
Verified

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

Ask Your Own Real Estate Law Question
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 2 years 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.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 2 years 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!

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask RealEstateAnswer Your Own Question
RealEstateAnswer
RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 31,896
31,896 Satisfied Customers
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases

RealEstateAnswer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
Roberts Rules as applied in Pennsylvania HOAs - The current
Robert's Rules as applied in Pennsylvania HOAs - The current board is not making the homeowners happy (so much so that some of the officers are being sued for fraud). A motion was brought by an owner … read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
How do homeowners amend the deed restrictions in our HOA
How do homeowners amend the deed restrictions in our HOA? I live in Pasadena, Tx. The current deed restrictions/by laws were set by the builder. The board has not ammended any of the restrictions and … read more
socrateaser
socrateaser
1,031 satisfied customers
In Ohio, How do you dissolve a Homeowners Association
In Ohio, How do you dissolve a Homeowners Association… read more
BLR
BLR
J.D.
221 satisfied customers
My HOA has sent an invoice for each homeowner to pay 1000
My HOA has sent an invoice for each homeowner to pay 1000 dollars for asphalt. There is one person on the board who is the treasure and his assistant that made this decision with no notification to th… read more
Thelawman2
Thelawman2
Doctoral Degree
1,418 satisfied customers
Our HOA is trying to put in place a policy where a homeowner
Good Morning- Our HOA is trying to put in place a policy where a homeowner (must be on the title) has to accompany all other household members to use the amenities, as they state that they are conside… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can a HOA initiate foreclosure if a homeowner refuses to pay
Can a HOA initiate foreclosure if a homeowner refuses to pay a fine or his annual dues. … read more
Jessica B
Jessica B
Juris Doctor
1,270 satisfied customers
What is the law in Cobb county if a HOA has a homeowner who
What is the law in Cobb county if a HOA has a homeowner who has not paid and the fee is now over $2000.00 can we foreclose?\ … read more
KLAW
KLAW
Juris Doctorate
2,174 satisfied customers
Can an HOA board member tell Homeowners how board members
Can an HOA board member tell Homeowners how board members have lied at a meeting … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
According to Texas HOA Law, I understand that any Homeowner
According to Texas HOA Law, I understand that any Homeowner in good standing may be elected to the Board of Directors. However, our HOA By-Laws requires that a Homeowner must also reside at the qualif… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,804 satisfied customers
Does an HOA have jurisdiction over a homeowner when they did
Does an HOA have jurisdiction over a homeowner when they did not exist at the time of the sale of the property and thus were not party to that sale. If the existence of an HOA was not disclosed to the… read more
socrateaser
socrateaser
1,031 satisfied customers
I am a new homeowner, and have an HOA. For months, I placed
Hello, I am a new homeowner, and have an HOA. For months, I placed a request to have the roof repaired due to a major leak during this past winter. Three months after my pleads, my upstairs and downst… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
DO an HOA have the right to have homeowners paint the
DO an HOA have the right to have homeowners paint the exterior of their home just due to fading of paint … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,837 satisfied customers
I am a homeowner in an HOA in CA. My roof leaked and the HOA
I am a homeowner in an HOA in CA. My roof leaked and the HOA say that the leak is my fault and I have to pay for the repair. The HOA invited me to a meeting where I was given five minutes to defend my… read more
LegalGems
LegalGems
Juris Doctorate
12,221 satisfied customers
Can a homeowner in an HOA community ask for the status, not
Can a homeowner in an HOA community ask for the status, not detailed information, on a violation that has been turned in? … read more
RealEstateAnswer
RealEstateAnswer
Lawyer
31,896 satisfied customers
Can a HOA make homeowner insurance required for a unit
Can a HOA make homeowner insurance required for a unit owner? Can the HOA make insurance required for tenants who rent a unit in HOA? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,040 satisfied customers
A homeowner vs HOA. My HOA sent me a letter using a
A homeowner vs HOA. My HOA sent me a letter using a 'hear-say' to accuse "someone in my unit" of HOA rule violation. I prepared a letter of one page asking the HOA not to use 'hear-say' and not to use… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,377 satisfied customers
Bias in HOAs amongst homeowners
I am a board member of an HOA - I feel there is bias within the community when it comes to violations. One is another board member who is being given special treatment. Some homewners are being fined … read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
Does Missouri have laws governing HOAs and the Board members
Does Missouri have laws governing HOAs and the Board members? If so, does this "trump" any HOA By-laws or Covenants? I think our Board members have committted fraud and deliberately discriminated agai… read more
FLACORPLAWYER
FLACORPLAWYER
Doctoral Degree
1,750 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x