What are the limitations of an association’s ability to initiate non-judicial foreclosure for non-payment of assessments?
The amount of the assessment must exceed $1,800, exclusive of any late charges, fees, costs of collection, attorney’s fees, or interest or the assessment must be more than twelve (12) months delinquent. Prior to recording its lien, the association must offer the owner an opportunity to participate in internal dispute resolution. Non-judicial foreclosure by an association to recover delinquent assessments is subject to a right of redemption in which the owner may redeem the property within ninety (90) days after the sale.
See also: Barry v. O.C. Residential Properties, LLC (2011) 194 Cal. App. 4th 861, where the court held that the redemption procedure reimbursement for expenses did not violate the owner’s due process rights; Diamond v. Superior Court (2013) 217 Cal. App. 4th 1172, where the court held that procedural defects regarding notice precluded the association from foreclosing on its assessment lien; Multani v. Witkin & Neal (2013) 215 Cal. App. 4th 1428, where the court held that an owner may set aside a non-judicial foreclosure sale where the association failed to advise owner of the right to redemption; and Huntington Continental Town House Association, Inc. v. Miner (2014) 222 Cal. App. 4th Supp. 13, where the court held that an association must accept partial payment from the owner to reduce the delinquent assessment, but not other amounts due.
- Are there any limitations on the association’s ability to assess members
- When an owner disputes an assessment from the association, can the owner pay the assessment under protest reserving the right to contest the assessment in court?
- What are the limitations of an association’s ability to initiate non-judicial foreclosure for non-payment of assessments?In a court action to enforce the CC&R’s, does the prevailing party recover reasonable attorney’s fees and costs?
- The Association is seeking to collect assessments and fines against you
- How does alternative dispute resolution apply to a community association?
- What are the requirements for internal dispute resolution?
- In a court action to enforce the CC&R’s, does the prevailing party recover reasonable attorney’s fees and costs?