Liens

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AB 534 - Mechanics Liens on CID Owners

Prohibits, in a common interest development, a mechanics lien from being filed against another owner in the common interest development unless that consent was provided or that request was made, except in the case of emergency repairs.

Collection Rights & Duties

This article provides a description of the association’s collection rights and duties, outlined in the new Davis-Stirling Act, effective January 1st, 2014.

§5740 - Application of Liens after 2002

  1. Except as otherwise provided, this article applies to a lien created on or after January 1, 2003.
  2. A lien created before January 1, 2003, is governed by the law in existence at the time the lien was created.

§5700 - Lien Enforcement

  1. Except as otherwise provided in this article, after the expiration of 30 days following the recording of a lien created pursuant to Section 5675, the lien may be enforced in any manner permitted by law, including sale by the court, sale by the trustee designated in the notice of delinquent assessment, or sale by a trustee substituted pursuant to Section 2934a.

§5690 - Association Procedure Recommence

An association that fails to comply with the procedures set forth in this article shall, prior to recording a lien, recommence the required notice process. Any costs associated with recommencing the notice process shall be borne by the association and not by the owner of a separate interest.

§5685 - Lien Release

  1. Within 21 days of the payment of the sums specified in the notice of delinquent assessment, the association shall record or cause to be recorded in the office of the county recorder in which the notice of delinquent assessment is recorded a lien release or notice of rescission and provide the owner of the separate interest a copy of the lien release or notice that the delinquent assessment has been satisfied.

§5680 - Lien Priority

A lien created pursuant to Section 5675 shall be prior to all other liens recorded subsequent to the notice of delinquent assessment, except that the declaration may provide for the subordination thereof to any other liens and encumbrances.

§5670 - Dispute Resolution for Liens

Prior to recording a lien for delinquent assessments, an association shall offer the owner and, if so requested by the owner, participate in dispute resolution pursuant to the association's "meet and confer" program required in Article 2 (commencing with Section 5900) of Chapter 10.

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