Most likely a spot bill, this bill would make nonsubstantive changes related to interest charged for delinquent assessments.
Current Status: Pending
FindHOALaw Quick Summary:
Existing law authorizes interest to accrue on all sums imposed, including delinquent assessments, reasonable fees and costs of collection, and reasonable attorney’s fees, at an annual interest rate not to exceed 12%, commencing 30 days after the assessment becomes due, unless a lesser rate is specified in the declaration.
Most likely a spot bill, this bill would make nonsubstantive changes Civil Code Section 5650.
from the California Legislature's website
Related Topics
Related Statutes
- Civil Code Section 5665. Payment Plans; Requirements and Limitations.
- Civil Code Section 5660. Pre-Lien Notice; Requirements.
- Civil Code Section 5658. Payment Under Protest.
- Civil Code Section 5655. Priority of Assessment Payments; Receipts; Overnight Payment.
- Civil Code Section 5650. Debt of Owner; Assessments, Late Charges, Collection Costs, Interest.
- Civil Code Section 5600. Duty to Levy Assessments.
Related Case Law
- Huntington Continental Townhouse Association, Inc. v. Miner
(2014) 230 Cal.App.4th 590
[Assessments & Collection; Partial Payments] An association is required to accept partial payments made by a delinquent homeowner and allocate them in accordance with Civil Code Section 5655, even after the association has recorded an assessment lien.
- Brown v. Professional Community Management, Inc.
(2005) 127 Cal.App.4th 532
[Assessments & Collection; Collection Fees] An association’s vendors are permitted to earn a profit on the fees it charges in connection with collecting delinquent assessments owed to the association.
- Cerro De Alcala Homeowners Assn. v. Burns
(1985) 169 Cal.App.3d Supp. 1
[Assessments & Collection; Duty to Pay] A homeowner may not avoid his/her obligation to pay assessments levied by a HOA merely because the homeowner abandons possession of the property.
- Park Place Estates Homeowners Association v. Naber
(1994) 29 Cal.App.4th 427
[Assessments & Collection; Duty to Pay Assessments] An association member may not assert the homeowners association’s (HOA’s) conduct as a defense or “setoff” to an action brought by the HOA against the member for the member’s failure to pay assessments.