The decision to record a lien for delinquent assessments must be made by the board by a majority vote in an open meeting and recorded in the minutes of that meeting prior to recording the lien. (Civ. Code § 5673.) This can be done by a simple motion or by a formal resolution. The requirement of confidentiality of owners' names for lien purposes is unclear. Following is a sample resolution:
WHEREAS, Section 5673 of the Civil Code requires the board of directors to authorize, in an open meeting, the recording of liens against the separate interests of owners with delinquent assessments;
WHEREAS, on {date of pre-lien letter}, more than thirty (30) days prior to this meeting, the Association sent a certified letter to the Owner of:
Account No. _____________________
Pursuant to Section 5660 of the Civil Code, the letter contained a notice of delinquent assessment, which included but was not limited to, describing the Association's collection and lien enforcement procedures, an itemized statement of charges, the owner's inspection rights, the owner's "meet and confer" rights, and the owner's ADR rights.
WHEREAS, Owner remains delinquent in the payment of his/her assessments, exclusive of late fees, interest charges, and other collection-related amounts;
RESOLVED, the Association authorizes {entity assigned to handle lien} to place a lien on this property for the delinquent amounts and any late fees, interest charges, and other collection-related amounts.
This resolution was adopted by the board of directors at an open meeting held on the ____ day of ___________, 20____.
__________________________________
Signature of Authorized Board Member
Title: _____________________________
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