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Cal. Civ. Code § 5650

Assessment debt; delinquency; recoverable amounts

assessmentscollectionfinancial

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Plain-English summary

Makes a regular or special assessment, plus late charges, collection costs, attorney's fees, and interest, the personal debt of the owner. Assessments are delinquent 15 days after due, and the association may recover collection costs, a capped late charge, and interest up to 12 percent per year.

Not legal advice. Statute reference is for education only — confirm citations on official sources and consult a California attorney familiar with community associations.

Statutory text

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(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 determined in accordance with subdivision (b), shall be a debt of the owner of the separate interest at the time the assessment or other sums are levied. (b) Regular and special assessments levied pursuant to the governing documents are delinquent 15 days after they become due, unless the declaration provides a longer time period, in which case the longer time period shall apply. If an assessment is delinquent, the association may recover all of the following:

Reasonable costs incurred in collecting the delinquent assessment, including reasonable attorney's fees.

A late charge not exceeding 10 percent of the delinquent assessment or ten dollars ($10), whichever is greater, unless the declaration specifies a late charge in a smaller amount, in which case any late charge imposed shall not exceed the amount specified in the declaration.

Interest on all sums imposed in accordance with this section, including the delinquent assessments, reasonable fees and costs of collection, and reasonable attorney's fees, at an annual interest rate not to exceed 12 percent, commencing 30 days after the assessment becomes due, unless the declaration specifies the recovery of interest at a rate of a lesser amount, in which case the lesser rate of interest shall apply. (c) Associations are hereby exempted from interest-rate limitations imposed by Article XV of the California Constitution, subject to the limitations of this section.

Synced from the Florida Legislature’s official site. Verify the current version before citing.

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