Lien Amount
Adams Stirling PLC
Menu

LIEN AMOUNT

When liens are recorded by associations against an owner's property for delinquent assessments, the amount owed is listed in the lien. In addition, there is language stating that any additional unpaid assessments that may accrue are also included. The following is typical:

This lien is a charge on the real property described below (the “Property) for delinquent dues and assessments through <date>.

<property description>

Plus any and all other assessments, collection costs, interest attorneys’ fees and other expenses as may become due to the Association with respect to the property subsequent to the typed date set forth above until all amounts due to the Association with respect to the property are paid in full.

The courts have rejected the notion that assessment liens are limited to the amount initially stated in the notice.

A successive recordation requirement would impose a heavy – and needless – burden upon homeowners’ associations, fraught with risk to the association, and undue windfall to the delinquent homeowner, should any installment be overlooked. We are unwilling to construe Civil Code section 1367 [New: Civ. Code §5740] to require such an oppressive burden. Both the initial assessment lien, that subsequent regularly and specially levied assessments, if they continue unpaid, will accrue in due course. The purpose of the lien notice and recordation will have been served, and the association’s remedy justly preserved, by the initial recordation of lien. (Bear Creek v. Edwards at 1489.)

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

Adams Stirling PLC