If it is determined through dispute resolution pursuant to the association’s “meet and confer” program required in Article 5 (commencing with Section 1363.810) of Chapter 4 or alternative dispute resolution with a neutral third party pursuant to Article 2 (commencing with Section 1369.510) of Chapter 7 that an association has…
HOA Law Blog
Civil Code § 1367.4 – Limitations On Collection Of Delinquent Assessments Through Foreclosure; Right Of Redemption.
(a) 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. (b) An association that seeks to collect delinquent regular or special assessments of an amount less than one thousand eight…
Civil Code § 1367.1 – Lien For Delinquent Assessments Recorded After January 1, 2003.
(a) A regular or special assessment and any late charges, reasonable fees and costs of collection, reasonable attorney’s fees, if any, and interest, if any, as determined in accordance with Section 1366, shall be a debt of the owner of the separate interest at the time the assessment or other…
Civil Code § 1367 – Lien For Delinquent Assessments.
(a) A regular or special assessment and any late charges, reasonable costs of collection, and interest, as assessed in accordance with Section 1366, shall be a debt of the owner of the separate interest at the time the assessment or other sums are levied. Before an association may place a…
Civil Code § 1366.2 – Collection Of Assessments; Recording Of Identifying Statement.
(a) In order to facilitate the collection of regular assessments, special assessments, transfer fees, and similar charges, the board of directors of any association is authorized to record a statement or amended statement identifying relevant information for the association. This statement may include any or all of the following information:…
Civil Code § 1366.1 – Excessive Assessments Or Fees.
An association shall not impose or collect an assessment or fee that exceeds the amount necessary to defray the costs for which it is levied.
Civil Code § 1366 – Regular And Special Assessments; Limitation On Increases; Delinquent Assessments; Interest.
(a) Except as provided in this section, the association shall levy regular and special assessments sufficient to perform its obligations under the governing documents and this title. However, annual increases in regular assessments for any fiscal year, as authorized by subdivision (b), shall not be imposed unless the board has…
Civil Code § 1365.9 – Liability For Common Areas; Action Against Association; Insurance Requirements.
(a) It is the intent of the Legislature to offer civil liability protection to owners of the separate interests in a common interest development that have common areas owned in tenancy-in-common if the association carries a certain level of prescribed insurance that covers a cause of action in tort. (b)…
Civil Code § 1365.7 – Liability Of Volunteer Officer Or Director; Criteria; Limitations.
(a) A volunteer officer or volunteer director of an association, as defined in subdivision (a) of Section 1351, which manages a common interest development that is exclusively residential, shall not be personally liable in excess of the coverage of insurance specified in paragraph (4) to any person who suffers injury,…
Civil Code § 1365.6 – Application Of Corp. Code § 310
Notwithstanding any other law, and regardless of whether an association is a corporation, as defined in Section 162 of the Corporations Code, the provisions of Section 310 of the Corporations Code shall apply to any contract or other transaction authorized, approved, or ratified by the board or a committee of…