Legal Question in Real Estate Law in California

Re: Homeowner's Association Assessments

A special assessment cannot exceed 5% of the gross-budgeted expenses of the association without a homeowner vote. Assuming that the special assessment was properly voted on by the membership, California law allows the association to record a lien againt your unit. The association could even start foreclosure proceedings against your home the same way a bank would if you weren't paying your mortgage. The association could also file a foreclosure lawsuit. In other words, you probably should pay this.

Re: Homeowner's Association Assessments

Although a lawsuit for breach of the agreement and/or an eviction proceeding are possible, and would eventually follow, I'd say in the time frame you're discussing the probability of such drastic action would be less than 50%, partly due to the economics. More likely, a lien would be recorded and interest and penalties assessed; credit rating bureaus would pick this up and your credit score would be affected adversely.