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When can an HOA file a lien against your California home?

On Behalf of | May 13, 2023 | HOA Disputes

Homeowners’ associations in California have the responsibility of maintaining common areas and enforcing community rules and regulations.

If homeowners fail to comply with HOA rules, the association can file a lien against the property, leading to serious consequences. This article will explore when an HOA can file a lien against your California home and the steps to prevent it.

Non-payment of HOA dues

The most common reason for an HOA to file a lien against a California home is when the homeowner doesn’t pay the dues. Homeowners must pay regular assessments to the HOA for maintaining common areas and providing community services. If a homeowner fails to pay these dues, the HOA can file a lien against the property to ensure payment. The lien can include past-due assessments, interest and penalties, and can lead to foreclosure if not resolved.

Violation of CC&Rs

Another reason an HOA can file a lien against a home is for violating covenants, conditions, and restrictions. CC&Rs are the rules and regulations that govern the use and maintenance of properties within the community. If a homeowner violates the CC&Rs, such as making significant changes to the exterior of their home without permission, the HOA can file a lien against the property until the homeowner corrects the violation.

As a homeowner, it is essential to understand the terms of your HOA agreement. In case of an HOA filing a lien against your home, take immediate action to resolve the issue and prevent further consequences. If you’re unsure of what steps tp take, seeking the assistance of a qualified professional can also be helpful in navigating the process and protecting your rights as a homeowner.