2015 Legislation – SB 290 – Serving Owners in Foreclosure Proceedings

Now a two-year bill, this legislation would allow the HOA to serve the owner by “substituted service,” a less restrictive process. ECHO supports this bill.

Updated on 7/6/15

What SB 290 Says

Now a two-year bill. In a foreclosure proceeding, associations are required to provide certain notices by personal service. When an owner is unavailable, this bill would allow the association to serve the owner by “substituted service,” a less restrictive process. ECHO supports this bill.

Full Summary of SB 290

From the Legislative Counsel’s Digest:

The Davis-Stirling Common Interest Development Act defines and regulates common interest developments and requires that a development be managed by an association. The act requires specified procedures for the collection of delinquent assessments, including, but not limited to, a procedure for giving notice to an owner of a separate interest of foreclosure of a lien for delinquent assessments. The existing procedure requires the board of directors of an association to provide notice by personal service to an owner of a separate interest who occupies the separate interest, or to the owner’s legal representative, if the board votes to foreclose upon the separate interest, as specified.
This bill would additionally allow the board to serve an owner or owner’s representative with notice by substituted service, as provided.