Hey guess what? I'm the new owner of such a property and I'm personally being held liable because you didn't pay your HOA! If you live in the property, you pay the HOA. Be responsible for god's sake! I now get the ultimate joy of paying your back HOA fees or have the option to walk away from a property that I've waited to purchase for four months.

An association has the authority to impose a lien on the property of a member who fails to pay regular or special assessments. However, the assessment, costs of collection, late charges, and interest do not become a lien on the owner's separate interest until the association records a notice of delinquent assessment. Penalty assessments for violation of association rules cannot become a lien. (Cal. Civ. Code § 1367.1.)

Before recording a lien, the association must provide a 30-day notice to the member by certified mail. This notice must contain various statements. The list of items can be found in Civil Code Section 1367.1.

When an association of a common interest development seeks to collect delinquent assessments (arising on or after January 1, 2006) of less than $1,800, not including accelerated assessments and specified late charges and fees, the association must either file a civil action in small claims court or record a lien. The association is prohibited from foreclosing on this lien until the amount equals or exceeds $1,800 or the assessments are more than 12 months delinquent. (Cal. Civ. Code § 1367.4.)

Many condos are left with unpaid HOA dues amounting to thousands of dollars and placed as a lien against the property. Recently I've found that the lenders are NOT clearing these liens by paying them off prior to a property transfer through a short sale and certainly not paying the liens off if the property is foreclosed on. In other words, the party that becomes ultimately responsible for these unpaid HOA dues ends up being the new owner of the property, not you.

Please check with a real estate attorney to qualify my answer. But I this is how I read the current statute as outlined above. And, you are the owner of record all the way up until the property is sold at the foreclosure sale either to a private party or reverts back to the lender.

Hope that makes some sense to you. Good luck to you.

Diane Wheatley, Broker
diane@moveupproperties.com
(909) 981-5589

Jm,

You need to pay until you owned and dont have to pay after it foreclosed. But, normally bank either offer you cash to move or evict(not moved by their moving date) you after it foreclosed and before it list for sale. Now, you said that you lived there even after foreclosed....Are you sure that bank foreclosed and changed the owner name on title? If not then you were still the owner until the title changes to new owner. You need to contact a real estate attorney and show the proof of your last day of ownership and other required documents. You need to take action now...Go and contact an real estate attorney!!!

YOu continued to live in the condo rent free and didn't pay your HOA fees?

The HOA may come after you personally. I'd talk with them about a payment arrangement if I were you.

Jodi is correct. I believe the HOAs only recourse is to place a lien on the property.

Just to be sure I would contact a real estate attorney. Many do free consultations but at most it will cost you one hour ($275-$350 depending on the attorney).

Tara

Tara Steinke
San Diego Real Estate Specialist
Residential Sales and Appraisals
619-384-6014
SDRealtor.Tara@gmail.com

The name on title is the entity that owes the fees.
As the property is already in foreclosure, if the HOA has hired an attorney to collect the unpaid fees, the attorney is able to put a lien on the property and the HOA should receive their fees through the foreclosure revenues.

Best….

Jodi Summers
The SoCal Investment Real Estate Group
Sotheby’s International Realty
jodi@jodisummers.com http://www.SoCalGreenRealEstateBlog.com http://www.SantaMonicaPropertyBlog.com http://www.SoCalMultiUnitRealEstateBlog.com
**
If you don't get everything you want, think of the things you don't get that you don't want. ~Oscar Wilde