Can I be evicted from my property if I don't pay my HOA dues?
Yes, if you do not pay your Homeowner’s Association (HOA) dues in California, you can ultimately be evicted from your property. The HOA has the right to enforce the collection of their dues and they can do this by filing a court action called a “lien foreclosure”. If the dues remain unpaid, the HOA can then obtain a court order to force you to pay the dues and/or sell your property to satisfy the dues. If a court order is not followed, it could lead to eviction proceedings. It is important to note that certain steps must be taken before an eviction order can be enforced. First, you must be given proper notice so you are aware of your delinquency and have the opportunity to take corrective action. The notice must provide you with a date and time by which you must pay the dues or face eviction. Secondly, legal proceedings, such as a lien foreclosure or a suit for possession, must be filed in the court system. If the court finds in favor of the HOA, then a writ of possession will be issued allowing for the eviction. This can take several weeks or months, depending on the court system. In order to avoid eviction, it is best to keep up with your HOA dues and stay in communication with the HOA. Additionally, if you are having trouble paying, speak to your HOA to work out a payment plan or other resolution.
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