Q: Owner of rental condo not paying COA dues and we and his property management company can not reach him.

A: In California, when a condominium owner fails to pay their association fees, the condominium owners' association (COA) can take several steps to address the delinquency. Here’s a general outline of the process:

1. Notification: The COA will typically begin by notifying the homeowner of the delinquency, detailing the amount owed and any late fees that have been incurred.

2. Late Fees and Interest: The association may impose late fees and interest on the unpaid balance, as specified in the governing documents of the association.

3. Payment Plan: The COA may offer the homeowner the opportunity to enter into a payment plan to make the debt more manageable. California law encourages associations to consider reasonable payment plans before taking more drastic measures.

4. Lien: If the delinquency continues, the COA can place a lien on the property. The lien secures the debt by using the property as collateral. In California, the lien can generally be filed as soon as a specified amount is unpaid, but the COA must notify the homeowner before recording the lien.

5. Foreclosure: If the debt remains unpaid and substantial, the COA may proceed to foreclose the lien. This can be done judicially through the courts, or non-judicially under certain circumstances. Foreclosure for unpaid assessments is a serious step and has significant consequences for the homeowner, including the loss of their property.

Small Claims Court: For smaller unpaid amounts, the COA might opt to pursue the matter in small claims court to recover the debts without placing a lien or initiating foreclosure.

A: Under California law, when a condo owner fails to pay their COA (Condo Owners Association) dues, the association typically has several legal recourses. Initially, the COA can place a lien on the property for the amount of the unpaid dues. This lien can eventually lead to foreclosure if the dues remain unpaid.

In the meantime, the COA may also charge late fees and interest on the overdue amounts, which can increase the financial burden on the owner and incentivize payment. The COA should notify the owner formally through all available communication methods, including through legal notices, to ensure they are aware of the consequences of non-payment.

If all else fails and the owner remains unresponsive, the COA might consider legal action. They can consult with an attorney to discuss the feasibility of suing the owner for the outstanding dues. Since the property is under a management company, the COA can also reach out to this company formally, urging them to facilitate communication with the owner or to address the non-payment issue directly if their agreement permits. Engaging with legal counsel will help the COA understand and execute the best approach under these challenging circumstances.