Legal Question in Real Estate Law in California

Re: Foreclosure, condo

The levy and collection of HOA assessments (dues) is found in Title 6, Chapter 5, Article 4, of the Calif. Civil Code, beginning at Section 1366. (Article 4 runs through Section 1367.5)

Calif. Civil Code Section 1367.4, subdivision (c), paragraph (4), provides a right of redemption and a redemption period of 90 days after the foreclosure sale where the HOA proceeds through nonjudicial foreclosure to collect on a debt for delinquent assessments. However, subdivision (a) of Sec. 1367.4 states that it applies ONLY to debts for assessments that arise on and after Jan. 1, 2006. Your question does not state when the delinquent assessments in your case arose.

If they arose before Jan. 1, 2006, it is not so clear whether any right of redemption exists. Calif. Civil Code Sec. 1367.1 applies to liens for such delinquent assessment that were recorded after Jan. 1, 2003. But it does not appear, on first reading, to mention any right of redemption.

I do not claim any practical experience with this issue to be able to answer your question with respect to any HOA assessments arising before Jan. 1, 2006. But I hope this will aid your legal research on this issue.

Re: Foreclosure, condo

Yes. It depends if the foreclosure is by judicial or non-judicial action as to what statutes are involved.