2014

A California Appellate Court has recently ruled that common interest communities must accept partial payments of delinquent assessments from their members pursuant to Civil Code Section 5655(a). The Court in Huntington Continental Townhouse Association v. Joseph A. Miner also confirmed that such obligation continues after a lien has been recorded against an owner’s separate interest for collection of delinquent assessments. The Court noted that if the association had accepted payment from the delinquent owner, the total amount of unpaid assessments would have been less than $1,800.00, which would have protected the owner from foreclosure under California law. Permitting an association to reject a partial payment would lead to the very situation the Legislature sought to avoid: “foreclosure and loss of the owner’s equity in the home when the owner is delinquent in paying assessments in an amount under $1800.”

For more information contact:

Matthew L. Grode, Esq.
Gibbs Giden Locher Turner Senet & Wittbrodt LLP
1880 Century Park East, 12th Floor
Los Angeles, California 90067
Phone: (310) 552-3400
email: mgrode@gibbsgiden.com

The content contained herein is published online by Gibbs Giden Locher Turner Senet & Wittbrodt LLP (“Gibbs Giden”) for informational purposes only, may not reflect the most current legal developments, verdicts or settlements, and does not constitute legal advice. Do not act on the information contained herein without seeking the advice of licensed counsel. For specific questions about any of the content discussed herein or any of the content posted to the Gibbs Giden website please contact the article attorney author or send an email to info@gibbsgiden.com. The transmission of information by email, over the Gibbs Giden website, or any transmission or exchange of information over the Internet, or by any of the included links is not intended to create and does not constitute an attorney-client relationship. For a complete description of the terms of use of this information and the Gibbs Giden website please see the Legal Notices section at /legal-disclaimer/. This publication may not be reproduced or used in whole or in part without written consent of the firm.

Copyright 2014 Gibbs Giden Locher Turner Senet & Wittbrodt LLP ©