(a)The amount of the assessment, plus any costs of collection, late charges, and interest assessed in accordance with subdivision (b) of Section 5650, shall be a lien on the owner’s separate interest in the common interest development from and after the time the association causes to be recorded with the county recorder of the county in which the separate interest is located, a notice of delinquent assessment, which shall state the amount of the assessment and
other sums imposed in accordance with subdivision (b) of Section 5650, a legal description of the owner’s separate interest in the common interest development against which the assessment and other sums are levied, and the name of the record owner of the separate interest in the common interest development against which the lien is imposed.
(b)The itemized statement of the charges owed by the owner described in subdivision (b) of Section 5660 shall be recorded together with the notice of delinquent assessment.
(c)In order for the lien to be enforced by nonjudicial foreclosure as provided in Sections 5700 to 5710, inclusive, the notice of delinquent assessment shall state the name and address of the trustee authorized by the association to enforce the lien by sale.
(d)The notice of delinquent assessment shall be
signed by the person designated in the declaration or by the association for that purpose, or if no one is designated, by the president of the association.
(e)A copy of the recorded notice of delinquent assessment shall be mailed by certified mail to every person whose name is shown as an owner of the separate interest in the association’s records, and the notice shall be mailed no later than 10 calendar days after recordation.
Notes of Decisions
Zakia Mashiri v. Epsten Grinnell & Howell, 845 F.3d 984 (9th Cir. 2017).
“Cal. Civ. Code § 5675 (e). Mashiri ultimately filed her complaint alleging violations of the FDCPA, the Ro-senthal Act, and the Unfair Competition Law based on the contents of the May Notice.”
In re: Walker & Walker, 248 A.3d 981 (Md. 2021).
· cites it 2× “The De Guillen court’s analysis appears particularly persuasive in this case because the text and legislative history of Cal. Civ. Code § 5675 parallels the text and legislative history of Real Prop.”
In re Richter, 525 B.R. 735 (Bankr. C.D. Cal. 2015).
“See Cal. Civ.Code § 5675(a). The homeowners' association can enforce the assessment lien by a trustee’s sale (i.”
Huntington Cont'l Townhouse Ass'n v. Miner, 230 Cal. App. 4th 590 (Cal. Ct. App. 2014).
“tion 5675, the amount of the assessment, “plus any costs of collection, late charges, and interest assessed in accordance with subdivision (b) of Section 5650,” becomes a lien on the owner of record’s separate interest in the common interest development once the association *600…”
In re: Maria A. Basave De Guillen (9th Cir. BAP 2019).
· cites it 7× “Cal. Civ. Code § 5675 . 2 Unless specified otherwise, all chapter and section references are to the Bankruptcy Code, 11 U.”
Palms & Sands Owners Assn. v. Bank of Am. CA4/1 (Cal. Ct. App. 2015).
“That is, although the Association is entitled to record a lien of its own against Unit 8 to secure Bailey's unpaid assessments, that lien would be junior to the first and second deeds of trust and would be extinguished in the event of a foreclosure on either senior lien.”
Palms & Sands Owners Assn. v. Bank of Am. CA4/1 (Cal. Ct. App. 2015).
“That is, although the Association is entitled to record a lien of its own against Unit 8 to secure Bailey's unpaid assessments, that lien would be junior to the first and second deeds of trust and would be extinguished in the event of a foreclosure on either senior lien.”
— Cal. Civil Code § 5675(a) — 1 case
In re Richter, 525 B.R. 735 (Bankr. C.D. Cal. 2015).
“See Cal. Civ.Code § 5675(a). The homeowners' association can enforce the assessment lien by a trustee’s sale (i.”
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