Can an HOA put a lien on my property?

The short answer is, yes, a Homeowners Association (HOA) in California can place a lien on your property, but only for specific items such as unpaid dues.

Generally speaking, if a homeowner falls behind on their regular dues or in paying any special assessments, the HOA can place a lien on your property after giving the homeowner an opportunity to cure. This lien is a legal claim against your property for the amount owed, including fines, late fees, interest, and any legal or administrative costs associated with collecting the debt. However, a monetary penalty imposed by the HOA as a disciplinary measure may not be the subject of a lien. (Civil Code 5725(b)).

Foreclosure Risk: In extreme cases, if the lien remains unpaid, the HOA may have the right to foreclose on your property to recover the debt.  is subject to stricter limitations under California law and the HOA must follow specific procedures before initiating foreclosure.

Dispute Resolution: If you believe the fines are unjust or the HOA is not following proper procedures, you may have the right to dispute the fines or challenge the lien. California law provides certain protections for homeowners, and you may be able to request alternative dispute resolution or take legal action.

Disclaimer: This blog provides general information and does not constitute legal advice. Any referenced laws or regulations may no longer be current and subject to change.