Home>Levelset Community>Legal Help>I am fully paid with our homeowners association total of $1753.00 and requesting for the copy of release, our homeowners association said i have to pay $395.0 0 for the release but they did not tell this to me, they just said if i am fully paid it will be release automatically. do i have to pay the Lien release of 395.00
I am fully paid with our homeowners association total of $1753.00 and requesting for the copy of release, our homeowners association said i have to pay $395.0 0 for the release but they did not tell this to me, they just said if i am fully paid it will be release automatically. do i have to pay the Lien release of 395.00
If you have previously agreed to release any HOA lien - whether that be explicitly as a result of this dispute, or as part of a larger overarching agreement to be a part of the Homeowners Association - then paying a fee to have an HOA lien released may ultimately be necessary. If not, there may be a bit more gray area to navigate. But, generally, if there's a fee for releasing an HOA lien, that will generally be to cover the costs the HOA faces in filing a lien release - including, potentially, attorney fees. And, most HOA agreements will anticipate passing along those costs to an owner.
However, it may be cheaper to see if the Homeowners Association would permit you to release the lien on your own. Generally, things like releasing a lien don't require an attorney and merely require that someone file a document with the county recorders office or some other land records office. So, an owner may be able to release their lien on their own more cheaply, if that's permissible by the HOA.
Ultimately, though, this is a bit outside of my area for expertise - so, consulting with a local attorney familiar with California Homeowners Association liens might be more fruitful. While we discuss liens regularly at the Expert Center, that's very typically in the context of mechanics liens.
Here are some online resources I found that might be helpful for you:
12 Facts About HOA Liens & Foreclosures You Should Know(2) Assessment Lien Releases (California Civil Code Section 5685)