Filing a lien for delinquent HOA dues in CA

[jckii]

CALIFORNIA

We have a situation in which an owner in our building in Los Angeles has become three months delinquent on his HOA dues, as well as an assessment. We need to file a lien on his property for the amount of this debt. How do we do this? Is there a special form required? A full, step-by-step procedural description would be really great if anyone has gone through this before.

Thanks in advance for any advice.

 

[seniorjudge]

CALIFORNIA

We have a situation in which an owner in our building in Los Angeles has become three months delinquent on his HOA dues, as well as an assessment. We need to file a lien on his property for the amount of this debt. How do we do this? Is there a special form required? A full, step-by-step procedural description would be really great if anyone has gone through this before.

Thanks in advance for any advice.

What do your CCRs say?

 

[jckii]

The 30-year-old CCRs are somewhat vague on this - but do say that after 90 days of delinquency (which is where we are now) and notice to the delinquent owner "appropriate action to recover funds due shall be taken" or words to that effect. I don't believe they specifically require or exclude the possibility of a lien (or foreclosure, for that matter) , which is why we conclude that we are entitled to file one. The owner has been given written 30, 60, 90 day delinquent notices, does not return phone calls, and has made no indication that he is going to pay. Therefore, time to get tough.