[CLC-Discussion] HOA lien

[Brian Solomon]

I am defending an HOA lien.  Two notices are required before a foreclosure action can be filed.  First, the HOA must serve a notice of intent to lien which provides that homeowner may avoid the filing of the lien if the amount contained in the notice is paid within the 45 day time limit.  The second notice is a notice of intent to foreclose, which outlines the amount that can be paid by the homeowner within 45 days to avoid the foreclosure action.  This second notice can include subsequent charges, including attorney's fees incurred in preparing the notice.  The notice of foreclosure cannot be served until at least 45 days after service of notice of intent to lien.

In my case the HOA served in January a notice of intent to lien stating that the homeowner had 45 days to pay $595.00.  In February, the HOA served a new notice of intent giving the homeowner 45 days to pay $910.56.

Thereafter HOA's counsel served a notice of foreclosure demanding that the homeowner pay $2,154.88 or face foreclosure.  The notice of foreclosure was served only 39 days after the February notice.

The plaintiff is now arguing that the 45 day requirement did not restart upon filing the February notice of intent and that the January notice still controls.

I haven't been able to find any cases in the HOA arena on whether the subsequent notice restarts the 45 day requirement.

Is anyone aware of similar other statutory decisions that would hold that the February notice supplants the January notice.

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