California Notice of Lien to a Subdivision Lot Owner For Unpaid Assessment

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US-01186BG
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Description

A subdivision is the development and division of a lot, tract, or parcel of land into two or more lots, plats, sites, or otherwise for the purpose of establishing or creating a subdivision through sale, lease, or building development. The developer will generally file a document called a Declaration of the Covenants and Restrictions of (Name of Subdivision). This Declaration is normally filed in the land records of the county where the subdivision is located, and will contain regulations regarding the administration and maintenance of the property, including payment of assessments by the owners.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

California changed its law at the beginning of the 2023 to require that certain sellers of foreclosed properties containing one to four residential units only accept offers from eligible bidders during the first 30 days after a property is listed.

After a lien is placed on your home, your HOA can choose to foreclose on that lien. It doesn't even matter if there is a mortgage on the home ? as long as state laws and the CC&Rs allow it, you may face foreclosure. There are two ways an HOA can foreclose on a lien: Judicial foreclosure.

A home can be foreclosed on for many kinds of debts, not just a mortgage. For example, Home Owner's Association (HOA) can foreclose in some cases for unpaid dues and assessments.

An assessment lien is a legal claim or "hold" on an owner's unit or lot making the property collateral against delinquent assessments, whether regular or special assessments, owed to the association.

After a lien is placed on your home, your HOA can choose to foreclose on that lien. It doesn't even matter if there is a mortgage on the home ? as long as state laws and the CC&Rs allow it, you may face foreclosure. There are two ways an HOA can foreclose on a lien: Judicial foreclosure.

Redemption Period After an HOA Foreclosure in California In California, for example, if an HOA forecloses using a nonjudicial process, the foreclosure is subject to a 90-day right of redemption after the sale. (Cal. Civ. Code § 5715).

If homeowners wish to dissolve their HOA but one or more interested parties do not approve of the dissolution, the HOA will stay in place. First, the board of directors must adopt a resolution to dissolve the HOA. (Corporations Code §§7911(a)(1); 8610.)

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California Notice of Lien to a Subdivision Lot Owner For Unpaid Assessment