Unpaid HOA Assessments: Your Rights Under Davis-Stirling

  Under the Davis-Stirling Common Interest Development Act the amount of any unpaid association assessment, plus the reasonable costs of collection, late charges, and interest, constitutes a debt of the owner. After complying with notice requirements an association may record a lien for delinquent assessments against the property of an owner. The lien may then be enforced through the nonjudicial foreclosure process applicable to powers of sale in mortgages and deeds of trust. Continue reading

Failure to Provide Notice of Redemption Rights May Void HOA’s Nonjudicial Foreclosure

  In Multani v. Witkin & Neal [See, also Multani v. Witkin & Neal Order Modifying Opinion (No Change in Judgment)] the Court of Appeal was presented with a question of first impression. Does a homeowner’s association’s failure to comply with the requirements of Code of Civil Procedure section 729.050, i.e., the associations failure to notify the owner of its redemption rights, sufficiently prejudiced an owner such that the owner can state a cause of action to set aside the foreclosure sale? Continue reading