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  • 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

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