How to Place an HOA Lien in California

Hi Peter,

In California, placing a lien on a property for unpaid HOA fees involves several steps. First, the HOA must ensure that the debt is valid and that proper notices have been sent to the property owner. The HOA typically sends a written notice of delinquency, providing the owner with a chance to pay the outstanding fees before further action is taken. If the fees remain unpaid after this notice, the HOA can initiate the lien process after 30 days.

Before recording the lien, the HOA must offer the homeowner the chance to engage in dispute resolution. The homeowner may also request this. California law also stipulates that homeowners can ask to meet with the HOA board to talk about a payment plan.

If none of that pans out, the next step is for the HOA to formally record a lien with the county recorder’s office where the property is located. This requires completing a lien form, which includes the amount owed and any associated costs, such as interest and legal fees, and submitting it to the county. The HOA must mail a notice to all record owners no later than 10 business days following the recording.

Before recording the lien, the HOA must also provide the homeowner with a Notice of Delinquent Assessment, which informs the owner of the intention to record a lien if payment is not received. In California, the lien cannot be recorded unless the amount owed is at least $1,800, or the assessments have been due for more than 12 months. If the debt remains unpaid, the HOA may eventually proceed with nonjudicial foreclosure.