Section § 5650

Explanation

This law explains that homeowners are responsible for paying any regular or special fees, late charges, collection costs, and attorney fees related to their property. If these fees aren't paid on time, they become overdue 15 days after their due date, unless otherwise specified by a declaration. Once overdue, the homeowners' association can charge reasonable collection costs, a late fee, and interest on the unpaid amounts. The late fee can't be more than 10% of the unpaid amount, and the interest rate can't be more than 12% per year, unless the declaration states a lower rate. Associations are exempt from certain constitutional interest rate limits but must adhere to the stipulations in this section.

(a)CA Civil Law Code § 5650(a) 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, as determined in accordance with subdivision (b), shall be a debt of the owner of the separate interest at the time the assessment or other sums are levied.
(b)CA Civil Law Code § 5650(b) Regular and special assessments levied pursuant to the governing documents are delinquent 15 days after they become due, unless the declaration provides a longer time period, in which case the longer time period shall apply. If an assessment is delinquent, the association may recover all of the following:
(1)CA Civil Law Code § 5650(b)(1) Reasonable costs incurred in collecting the delinquent assessment, including reasonable attorney’s fees.
(2)CA Civil Law Code § 5650(b)(2) A late charge not exceeding 10 percent of the delinquent assessment or ten dollars ($10), whichever is greater, unless the declaration specifies a late charge in a smaller amount, in which case any late charge imposed shall not exceed the amount specified in the declaration.
(3)CA Civil Law Code § 5650(b)(3) Interest on all sums imposed in accordance with this section, including the delinquent assessments, reasonable fees and costs of collection, and reasonable attorney’s fees, at an annual interest rate not to exceed 12 percent, commencing 30 days after the assessment becomes due, unless the declaration specifies the recovery of interest at a rate of a lesser amount, in which case the lesser rate of interest shall apply.
(c)CA Civil Law Code § 5650(c) Associations are hereby exempted from interest-rate limitations imposed by Article XV of the California Constitution, subject to the limitations of this section.

Section § 5655

Explanation

This law describes how payments made by property owners towards certain debts should be handled. First, the payments must go towards any outstanding assessments, which are like membership fees or charges for shared property expenses. Only after these assessments are fully paid can the money be used for other costs like collection fees, attorney fees, late charges, or interest. When an owner makes a payment, they can ask for a receipt, which the association must provide, showing the payment date and collector. Also, the association has to provide an address for overnight payment in the annual policy statement.

(a)CA Civil Law Code § 5655(a) Any payments made by the owner of a separate interest toward a debt described in subdivision (a) of Section 5650 shall first be applied to the assessments owed, and, only after the assessments owed are paid in full shall the payments be applied to the fees and costs of collection, attorney’s fees, late charges, or interest.
(b)CA Civil Law Code § 5655(b) When an owner makes a payment, 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.
(c)CA Civil Law Code § 5655(c) The association shall provide a mailing address for overnight payment of assessments. The address shall be provided in the annual policy statement.

Section § 5658

Explanation

If there's a disagreement between a property owner and a homeowner's association over fees like assessments or fines, and the disputed amount is small enough for small claims court, the owner can pay the disputed amount under protest. Then, they can take the issue to small claims court to resolve it. This section doesn't stop the association from collecting overdue assessments through other means.

(a)CA Civil Law Code § 5658(a) If a dispute exists between the owner of a separate interest and the association regarding any disputed charge or sum levied by the association, including, but not limited to, an assessment, fine, penalty, late fee, collection cost, or monetary penalty imposed as a disciplinary measure, and the amount in dispute does not exceed the jurisdictional limits of the small claims court stated in Sections 116.220 and 116.221 of the Code of Civil Procedure, the owner of the separate interest may, in addition to pursuing dispute resolution pursuant to Article 3 (commencing with Section 5925) of Chapter 10, pay under protest the disputed amount and all other amounts levied, including any fees and reasonable costs of collection, reasonable attorney’s fees, late charges, and interest, if any, pursuant to subdivision (b) of Section 5650, and commence an action in small claims court pursuant to Chapter 5.5 (commencing with Section 116.110) of Title 1 of the Code of Civil Procedure.
(b)CA Civil Law Code § 5658(b) Nothing in this section shall impede an association’s ability to collect delinquent assessments as provided in this article or Article 3 (commencing with Section 5700).

Section § 5660

Explanation

If a homeowner owes money and hasn't paid, the association must give them a 30-day warning by certified mail before placing a lien on their property. This notice must include details like how the debt was calculated, the collection process, and a warning that their property can be sold without going to court if they keep missing payments. It should list the charges owed and confirm the homeowner's right to see the association's records. The homeowner also has rights to meet with the board, dispute the debt, and seek alternative dispute resolution.

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 5650, the association shall notify the owner of record in writing by certified mail of the following:
(a)CA Civil Law Code § 5660(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 5205, 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 § 5660(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 § 5660(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.
(d)CA Civil Law Code § 5660(d) The right to request a meeting with the board as provided in Section 5665.
(e)CA Civil Law Code § 5660(e) The right to dispute the assessment debt by submitting a written request for dispute resolution to the association pursuant to the association’s “meet and confer” program required in Article 2 (commencing with Section 5900) of Chapter 10.
(f)CA Civil Law Code § 5660(f) The right to request alternative dispute resolution with a neutral third party pursuant to Article 3 (commencing with Section 5925) of Chapter 10 before the association may initiate foreclosure against the owner’s separate interest, except that binding arbitration shall not be available if the association intends to initiate a judicial foreclosure.

Section § 5665

Explanation

If you own property and are struggling with debt related to your homeowner's association (HOA), you can request to discuss a payment plan with the board, except in certain cases specified by other codes. If you send a request soon after getting notified of your debt, the board has to meet with you within 45 days. While following the payment plan, you won't get extra late fees, but the HOA can still file a lien to ensure payment. If you miss payments, the HOA can continue collecting the debt as if the plan never existed.

(a)CA Civil Law Code § 5665(a) An owner, other than an owner of any interest that is described in Section 11212 of the Business and Professions Code that is not otherwise exempt from this section pursuant to subdivision (a) of Section 11211.7 of the Business and Professions Code, may submit a written request to meet with the board to discuss a payment plan for the debt noticed pursuant to Section 5660. The association shall provide the owners the standards for payment plans, if any exists.
(b)CA Civil Law Code § 5665(b) The board shall meet with the owner in executive session within 45 days of the postmark of the request, if the request is mailed within 15 days of the date of the postmark of the notice, unless there is no regularly scheduled board meeting within that period, in which case the board may designate a committee of one or more directors to meet with the owner.
(c)CA Civil Law Code § 5665(c) Payment plans may incorporate any assessments that accrue during the payment plan period. Additional late fees shall not accrue during the payment plan period if the owner is in compliance with the terms of the payment plan.
(d)CA Civil Law Code § 5665(d) Payment plans shall not impede an association’s ability to record a lien on the owner’s separate interest to secure payment of delinquent assessments.
(e)CA Civil Law Code § 5665(e) In the event of a default on any payment plan, the association may resume its efforts to collect the delinquent assessments from the time prior to entering into the payment plan.

Section § 5670

Explanation

Before an association can record a lien because an owner hasn't paid assessments, it must give the owner a chance to resolve the dispute through a face-to-face meeting if the owner requests it. This is part of a required program for resolving issues called "meet and confer."

Prior to recording a lien for delinquent assessments, an association shall offer the owner and, if so requested by the owner, participate in dispute resolution pursuant to the association’s “meet and confer” program required in Article 2 (commencing with Section 5900) of Chapter 10.

Section § 5673

Explanation

This section states that if a lien is recorded for overdue assessments on or after January 1, 2006, it must be approved by the board members themselves, rather than someone on their behalf. A majority of the board members must vote on this in an open meeting, and the decision must be documented in the meeting minutes.

For liens recorded on or after January 1, 2006, the decision to record a lien for delinquent assessments shall be made only by the board and may not be delegated to an agent of the association. The board shall approve the decision by a majority vote of the directors in an open meeting. The board shall record the vote in the minutes of that meeting.

Section § 5675

Explanation

If you're part of a homeowners' association and don't pay your assessment fees, the unpaid amount becomes a lien on your property. This means that the homeowners' association can legally claim part of your property to recover the debt. To start this process, they must file a notice with the county recorder detailing the debt. This notice also has to include an itemized list of charges and the trustee's information if they plan to sell the property to settle the debt. Additionally, the notice must be signed by an authorized person from the association and mailed to the property owner within 10 days.

(a)CA Civil Law Code § 5675(a) The amount of the assessment, plus any costs of collection, late charges, and interest assessed in accordance with subdivision (b) of Section 5650, 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 subdivision (b) of Section 5650, 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 § 5675(b) The itemized statement of the charges owed by the owner described in subdivision (b) of Section 5660 shall be recorded together with the notice of delinquent assessment.
(c)CA Civil Law Code § 5675(c) In order for the lien to be enforced by nonjudicial foreclosure as provided in Sections 5700 to 5710, inclusive, 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 § 5675(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 § 5675(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.

Section § 5680

Explanation

This law section says that once there's a lien for unpaid assessments, it usually takes priority over any other liens recorded after it. However, the rules might allow the lien to be ranked lower than other liens depending on specific terms in the declaration.

A lien created pursuant to Section 5675 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.

Section § 5685

Explanation

If you've paid off a delinquent assessment on your property, the association must record a lien release within 21 days and give you a copy. If they wrongly recorded a lien on your property by mistake, they have the same 21 days to fix it and tell you about the error. Plus, if the association messed up and recorded the lien in error, they need to refund any extra charges and fees they made you pay and cover costs related to the mistake.

(a)CA Civil Law Code § 5685(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 § 5685(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.
(c)CA Civil Law Code § 5685(c) If it is determined that an association has recorded a lien for a delinquent assessment in error, the association shall promptly reverse all late charges, fees, interest, attorney’s fees, costs of collection, costs imposed for the notice prescribed in Section 5660, and costs of recordation and release of the lien authorized under subdivision (b) of Section 5720, and pay all costs related to any related dispute resolution or alternative dispute resolution.

Section § 5690

Explanation

If a homeowners association does not follow the correct procedures before recording a lien, they must start the notice process over from the beginning. The association has to pay 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 article 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.