CHAPTER 8. Assessments and Assessment Collection [5600. - 5740.]

Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2.

§§ 5600–5740 · 26 sections

1. ARTICLE 1. Establishment and Imposition of Assessments §§ 5600–5625 · 6 sections

   • § 5600 (a) Except as provided in Section 5605, the association shall levy regular and special assessments sufficient to perform its obligations under the governing…
   • § 5605 (a) Annual increases in regular assessments for any fiscal year shall not be imposed unless the board has complied with paragraphs (1), (2), (4), (5), (6),…
   • § 5610 Section 5605 does not limit assessment increases necessary for emergency situations. For purposes of this section, an emergency situation is any one of the…
   • § 5615 The association shall provide individual notice pursuant to Section 4040 to the members of any increase in the regular or special assessments of the…
   • § 5620 (a) Regular assessments imposed or collected to perform the obligations of an association under the governing documents or this act shall be exempt from…
   • § 5625 (a) Except as provided in subdivision (b), notwithstanding any provision of this act or the governing documents to the contrary, an association shall not levy…
2. ARTICLE 2. Assessment Payment and Delinquency §§ 5650–5690 · 11 sections

   • § 5650 (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…
   • § 5655 (a) Any payments made by the owner of a separate interest toward a debt described in subdivision (a) of Section 5650 shall first be applied to the assessments…
   • § 5658 (a) If a dispute exists between the owner of a separate interest and the association regarding any disputed charge or sum levied by the association, including,…
   • § 5660 At least 30 days prior to recording a lien upon the separate interest of the owner of record to collect a debt that is past due under Section 5650, the…
   • § 5665 (a) An owner, other than an owner of any interest that is described in Section 11212 of the Business and Professions Code that is not otherwise exempt from…
   • § 5670 Prior to recording a lien for delinquent assessments, an association shall offer the owner and, if so requested by the owner, participate in dispute resolution…
   • § 5673 For liens recorded on or after January 1, 2006, the decision to record a lien for delinquent assessments shall be made only by the board and may not be…
   • § 5675 (a) The amount of the assessment, plus any costs of collection, late charges, and interest assessed in accordance with subdivision (b) of Section 5650, shall…
   • § 5680 A lien created pursuant to Section 5675 shall be prior to all other liens recorded subsequent to the notice of delinquent assessment, except that the…
   • § 5685 (a) Within 21 days of the payment of the sums specified in the notice of delinquent assessment, the association shall record or cause to be recorded in the…
   • § 5690 An association that fails to comply with the procedures set forth in this article shall, prior to recording a lien, recommence the required notice process. Any…
3. ARTICLE 3. Assessment Collection §§ 5700–5740 · 9 sections

   • § 5700 (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…
   • § 5705 (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…
   • § 5710 (a) Any sale by the trustee shall be conducted in accordance with Sections 2924, 2924b, and 2924c applicable to the exercise of powers of sale in mortgages and…
   • § 5715 (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…
   • § 5720 (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…
   • § 5725 (a) 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…
   • § 5730 (a) The annual policy statement, prepared pursuant to Section 5310, shall include the following notice, in at least 12-point type: “NOTICE ASSESSMENTS AND…
   • § 5735 (a) 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…
   • § 5740 (a) Except as otherwise provided, this article applies to a lien created on or after January 1, 2003. (b) A lien created before January 1, 2003, is governed by…