Older sets of CC&Rs often contain provisions allowing the association to record a “notice of noncompliance” with the county recorder’s office in response to a member’s violation of the CC&Rs. Such recordings are no longer permitted as a result of the holding in Ward v. Superior Court (1997) 55 Cal.App.4th 60:
“Since the cited statutes do not authorize the recording [of the notice of noncompliance] and no other statutory authority can be found, it must be concluded that there is no statutory authorization for recording such a document.” (Ward, at 65.)
“Nor is there authority for the proposition that the parties may be private contract create a right to record, for their own private purposes, documents which are not ‘authorized or required by law to be recorded.’” (Ward, at 66.)
Distinct from Assessment Lien
The above does not prohibit an association from recording a “Notice of Delinquent Assessment” (an “assessment lien”) in response to a member’s assessment delinquency. Assessment liens may be recorded pursuant to Civil Code Section 5675.
Related Case Law
- Ward v. Superior Court
(1997) 55 Cal.App.4th 60
[Enforcement; Recorded Notice of Noncompliance] An association is not legally authorized to record a notice of noncompliance in response to a member’s violation of the CC&Rs.