Notice Requirements for Liens & Foreclosure Must be Strictly Complied With

A California Appellate Court decision in Diamond v Superior Court (2013) confirmed that any HOA lien that is recorded against a member’s separate interest property must be recorded in “strict compliance” with the statutory notice requirements. A lien that is recorded without strict compliance with the notice requirements is recorded in error and must be released or rescinded within 21 calendar days of the determination of the error (This is California law). The association committed four (4) errors in this case, each of which was sufficient to invalidate the association’s lien on the member’s property. The errors were:

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