HOA Assessment Collection: Impacts From Federal Bankruptcy Laws

Published in the ECHO Journal, December 2007 Collection of homeowner assessments is a constant issue for community associations. This problem becomes even more difficult when a homeowner files a bankruptcy. […]

Times Are Tough. Get Creative!

Published in the ECHO Journal, February 2009 The economic crisis facing our country today is undoubtedly impacting everyone. Given the size of the crisis, countless individuals and companies nationwide, including […]

Mandatory Funding?

Board Funding Is Mandatory in California Did you know that California has a mandatory full-funding statute for community associations? Civil Code §5600 says: The association shall levy regular and special assessments sufficient […]

Collection Rights & Duties

This article provides a description of the association’s collection rights and duties, outlined in the new Davis-Stirling Act, effective January 1st, 2014. As part of the Annual Policy Statement, every […]

What You Need to Know: The New Davis-Stirling Act

The Davis-Stirling Common Interest Develop Act, or the Davis-Stirling Act, is the primary set of laws that govern common interest developments (CIDs) and homeowners associations (HOAs) in California. Since 1985, […]

§5740 – Application of Liens after 2002

Except as otherwise provided, this article applies to a lien created on or after January 1, 2003. A lien created before January 1, 2003, is governed by the law in […]

§5735 – Assignment of Collection

An association may not voluntarily assign or pledge the association’s right to collect payments or assessments, or to enforce or foreclose a lien to a third party, except when the […]

§5730 – Required Assessment Notice

The annual policy statement, prepared pursuant to Section 5310, shall include the following notice, in at least 12-point type: “NOTICE ASSESSMENTS AND FORECLOSURE This notice outlines some of the rights […]

§5725 – Liens for Common Area Damage and Monetary Penalties

A monetary charge imposed by the association as a means of reimbursing the association for costs incurred by the association in the repair of damage to common area and facilities […]

§5720 – Delinquent Assessments Less than $1,800

Notwithstanding any law or any provisions of the governing documents to the contrary, this section shall apply to debts for assessments that arise on and after January 1, 2006. An […]