A regular or special assessment and any late charges, reasonable fees and costs of collection, reasonable attorney’s fees, if any, and interest, if any, shall be a debt of the owner of the separate interest at the time the assessment or other sums are levied.
Article 2Assessment Payment and Delinquency
Section § 6808
This law states that if you're a property owner and there's an assessment or other charges (like late fees or collection costs) imposed, these become your responsibility. You owe these amounts just like any other debt.
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Section § 6810
If you own a separate property and make a payment for an assessment, you can ask for a receipt, and the association must give you one showing the date and who received the payment. The association must also provide a mailing address for overnight payments. You won’t be responsible for extra fees or interest for late payment if it's found that you actually paid on time.
(a)CA Civil Law Code § 6810(a) When an owner of a separate interest makes a payment toward an assessment, the owner may request a receipt and the association shall provide it. The receipt shall indicate the date of payment and the person who received it.
(b)CA Civil Law Code § 6810(b) The association shall provide a mailing address for overnight payment of assessments.
(c)CA Civil Law Code § 6810(c) An owner shall
not be liable for any charges, interest, or costs of collection for an assessment payment that is asserted to be delinquent, if it is determined the assessment was paid on time to the association.
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Section § 6812
Before placing a lien on a property owner's separate interest to collect unpaid debt, the association must notify the owner at least 30 days in advance. This notice, sent by certified mail, must include a description of the collection process and how the debt is calculated. It must also warn in bold or capital letters that foreclosure without court action is possible if assessments aren't paid. The notice must provide a detailed statement of all charges owed. If it turns out the owner paid on time, they won't have to cover any additional costs.
At least 30 days prior to recording a lien upon the separate interest of the owner of record to collect a debt that is past due under Section 6808, the association shall notify the owner of record in writing by certified mail of the following:
(a)CA Civil Law Code § 6812(a) A general description of the collection and lien enforcement procedures of the association and the method of calculation of the amount, a statement that the owner of the
separate interest has the right to inspect the association records pursuant to Section 8333 of the Corporations Code, and 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.”
(b)CA Civil Law Code § 6812(b) An itemized statement of the charges owed by the owner, including items on the statement which indicate the amount of any delinquent assessments, the fees and reasonable costs of collection, reasonable attorney’s fees, any late charges, and interest, if any.
(c)CA Civil Law Code § 6812(c) A statement that the owner shall not be liable to pay the charges, interest, and costs of collection, if it is determined the assessment was paid on time to the association.
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Section § 6814
This law explains how a homeowners' association can place a lien on a property if the owner doesn't pay certain fees. It starts when the association records a notice with the county; this notice must include the amount owed and a description of the property. The association also needs to include a list of specific charges owed and mention who can enforce the lien, potentially through a foreclosure. The notice must be signed by an authorized person from the association and mailed to all property owners within 10 days of recording.
(a)CA Civil Law Code § 6814(a) The amount of the assessment, plus any costs of collection, late charges, and interest assessed in accordance with Section 6808, shall be a lien on the owner’s separate interest in the common interest development from and after the time the association causes to be recorded with the county recorder of the county in which the separate interest is located, a notice of delinquent assessment, which shall state the amount of the assessment and other sums imposed
in accordance with Section 6808, a legal description of the owner’s separate interest in the common interest development against which the assessment and other sums are levied, and the name of the record owner of the separate interest in the common interest development against which the lien is imposed.
(b)CA Civil Law Code § 6814(b) The itemized statement of the charges owed by the owner described in subdivision (b) of Section 6812 shall be recorded together with the notice of delinquent assessment.
(c)CA Civil Law Code § 6814(c) In order for the lien to be enforced by nonjudicial foreclosure as provided in Sections 6820 and 6822, the notice of delinquent assessment shall state the name and address of the trustee authorized by the association to enforce the lien by sale.
(d)CA Civil Law Code § 6814(d) The notice of delinquent assessment shall be signed by the person designated in the declaration
or by the association for that purpose, or if no one is designated, by the president of the association.
(e)CA Civil Law Code § 6814(e) A copy of the recorded notice of delinquent assessment shall be mailed by certified mail to every person whose name is shown as an owner of the separate interest in the association’s records, and the notice shall be mailed no later than 10 calendar days after recordation.
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Section § 6816
This law states that when there's a lien due to unpaid assessments, it takes priority over any other liens recorded after it's been noticed. However, the terms of the declaration might allow this lien to be placed lower in priority compared to some other claims.
A lien created pursuant to Section 6814 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.
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Section § 6818
If you pay off the amount you owe on a delinquent assessment, the association managing your property must, within 21 days, officially record that the debt is cleared and send you proof of this. Additionally, if it turns out that a lien (a legal claim on property for unpaid debts) was mistakenly filed against your property, the entity that filed it must correct the error within 21 days by recording a release and informing you in writing that it was a mistake.
(a)CA Civil Law Code § 6818(a) 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.
(b)CA Civil Law Code § 6818(b) If it is determined that a lien previously recorded against the separate interest was recorded in error, the party who recorded the lien shall, within 21 calendar days, 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 with a declaration that the lien filing or recording was in error and a copy of the lien release or notice of rescission.
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Section § 6819
If an association doesn't follow the correct steps before placing a lien on someone's property, it has to start the notice process over again. The association is responsible for any costs related to restarting this process, not the property owner.
An association that fails to comply with the procedures set forth in this section 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.
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