(a) Except as otherwise provided in this article, after the expiration of 30 days following the recording of a lien created pursuant to Section 5675, the lien may be enforced in any manner permitted by law, including sale by the court, sale by the trustee designated in the notice of delinquent assessment, or sale by a trustee substituted pursuant to Section 2934a.
(b) Nothing in Article 2 (commencing with Section 5650) or in subdivision (a) of Section 726 of the Code of Civil Procedure prohibits actions against the owner of a separate interest to recover sums for which a lien is created pursuant to Article 2 (commencing with Section 5650) or prohibits an association from taking a deed in lieu of foreclosure.
Related Topics
Related Statutes
- SB-71 (Umberg) Jurisdiction: small claims and limited civil case.
- SB-1323 Foreclosure: equity sale: multiple listing.
- SB-908 (Wieckowski) Debt collectors: licensing and regulation: Debt Collection Licensing Act.
- Code of Civil Procedure Section 726. One Action for Recovery of Debt.
- Civil Code Section 5675. Notice of Delinquent Assessment (Assessment Lien).
- Civil Code Section 5650. Debt of Owner; Assessments, Late Charges, Collection Costs, Interest.
Related Case Law
- Diamond Heights Village Association, Inc. v. Financial Freedom Senior Funding Corp.
(2011) 196 Cal.App.4th 290
[Assessment Collection; Judgment Lien Merger] When a HOA assessment lien is enforced by the HOA through judicial action, the debt secured by the assessment lien is merged into the judgment.
- Diamond v. Superior Court
(2013) 217 Cal.App.4th 1172
[Assessment Collection; Notice Requirements] A HOA must strictly adhere to the statutory lien and foreclosure notice requirements in order to perfect an assessment lien and foreclose on a homeowner’s property.