California HOA Pre-Lien Notice

What this letter does

A California HOA pre-lien notice is the written notice an association must send before it records a lien on a member's separate interest to collect a past-due debt. Civil Code section 5660 requires it at least 30 days before recording and sets what it must say.

Key rules in Civil Code section 5660

• 30 days, certified mail. At least 30 days before recording a lien, the association must notify the owner of record in writing by certified mail.
• Required contents.
  • A general description of the association's collection and lien enforcement procedures and the method of calculating the amount.
  • A statement that the owner has the right to inspect association records under Civil Code section 5205.
  • The following statement in 14-point boldface type if printed, or in capital letters if typed: IMPORTANT NOTICE: IF YOUR SEPARATE INTEREST IS PLACED IN FORECLOSURE BECAUSE YOU ARE BEHIND IN YOUR ASSESSMENTS, IT MAY BE SOLD WITHOUT COURT ACTION.
  • An itemized statement of the charges owed, including delinquent assessments, fees and reasonable costs of collection, reasonable attorney's fees, late charges and interest, if any.
  • A statement that the owner will not be liable for the charges, interest and costs of collection if it is determined that the assessment was paid on time.
  • The right to request a meeting with the board under Civil Code section 5665.
  • The right to dispute the assessment debt by submitting a written request for dispute resolution under the association's "meet and confer" program.
  • The right to request alternative dispute resolution with a neutral third party before the association may initiate foreclosure, except that binding arbitration is not available if the association intends to initiate a judicial foreclosure.

Payment plans and collection charges

An owner who receives a pre-lien notice can ask the board to meet about a payment plan under Civil Code section 5665. See the California payment plan request letter. Section 5650 also limits what an association can add to a delinquent assessment: delinquency begins 15 days after the due date unless the declaration allows longer, late charges are capped at the greater of 10 percent or ten dollars (or a smaller amount in the declaration), and interest is capped at 12 percent a year starting 30 days after the due date unless the declaration sets a lower rate.

How to use the letter

1. Reconcile the account first, because the notice needs an itemized statement.
2. Use the required statement in 14-point boldface or all capitals.
3. Send it by certified mail and keep the receipt.
4. Wait at least 30 days before recording a lien.

This page does not cover the underlying debt rules in section 5650 or the process in section 5665. Check them, and ask the association's attorney to review the notice before it is sent.

Related letters

See the delinquent dues letter, the late fee letter and the general pre-lien letter sample. Owners can request records using the California records request.

Statutes change, so confirm the current text of section 5660 on the California Legislature's website. The HOA lien release letter confirms payment afterwards, how HOA liens and foreclosure work covers the later stages, and an owner who cannot pay in full can send a hardship letter.

Common questions

How much notice must a California HOA give before recording a lien?

At least 30 days, by certified mail, with the contents section 5660 lists.

Can an owner dispute the debt?

Yes. The notice must tell the owner about the right to dispute through the association's "meet and confer" program and the right to request alternative dispute resolution before foreclosure.

This page gives general information and sample wording. It is not legal advice, and requirements differ by state and by association.