A homeowners association can take a house over unpaid dues, and in Southern California's planned communities, from Temecula's tract neighborhoods to Irvine and Carlsbad, that is the foreclosure people least expect. The Davis-Stirling Act sets a threshold, a sequence of notices, and a right to get the house back, and every step has a section number. The table is the sequence in one place.
| Step | What the association may do | The rule |
|---|---|---|
| Assessment 30 days late | Add a late charge of up to 10 percent or $10, and interest of up to 12 percent a year | Civil Code 5650 |
| Before any lien | Send a pre-lien notice by certified mail at least 30 days ahead | Civil Code 5660 |
| The lien | Record a notice of delinquent assessment and mail a copy within 10 days | Civil Code 5675 |
| The threshold | Foreclose only if the delinquency is $1,800 or more, or more than 12 months old | Civil Code 5720 |
| Before the sale | Offer dispute resolution, vote in executive session at least 30 days before the sale, and notify you | Civil Code 5705 |
| After the sale | Honor a 90 day right of redemption | Civil Code 5715 |
Two facts change how people read that table. The threshold counts assessments, not the late charges, interest, and collection costs stacked on them, so a modest monthly due reaches $1,800 slower than the total balance suggests, but it reaches 12 months on the calendar regardless of amount. And the association's foreclosure is a separate proceeding from the mortgage. Being current with the lender does not stop it.
What the sequence buys you is time and notice. Each step is a letter that names a number and a deadline, and each one is a point where a payment plan, a dispute, or a sale can still intervene.
The threshold that decides whether they can foreclose
Civil Code 5720 bars an association from using foreclosure to collect delinquent regular or special assessments of less than $1,800, unless the assessments secured by the lien are more than 12 months delinquent. Below both marks the association's remedies are a civil action, including small claims, and the recorded lien itself, which waits on the title until the house sells or refinances.
"...an HOA generally may not foreclose unless unpaid assessments total $1,800 or more (excluding certain fees/costs) or are 12 or more months delinquent."
Luke S. Carlson, Attorney, LS Carlson Law, in Defending Against HOA Foreclosure in California
What the association has to do first
The pre-lien notice under section 5660 is the document to open. It arrives by certified mail at least 30 days before any lien is recorded and must carry an itemized statement of the assessments, late charges, interest, and collection costs, a description of the association's collection procedure, your right to inspect its records, your right to request a meeting with the board under section 5665, and your right to dispute resolution. If the assessment was actually paid on time, the notice must say you owe nothing.
The notices, in order, and what each one must contain
| Document | Timing | Must include |
|---|---|---|
| Pre-lien notice | Certified mail, at least 30 days before a lien is recorded (Civil Code 5660) | Itemized charges; the collection and lien procedure; the right to inspect records; the right to request a board meeting; the right to meet and confer or use alternative dispute resolution; the warning that the property may be sold without court action |
| Notice of delinquent assessment (the lien) | Recorded at the county recorder; a copy mailed by certified mail within 10 calendar days (Civil Code 5675) | The amount, a legal description of the property, the record owner's name, and, for a nonjudicial sale, the name and address of the trustee |
| Offer of dispute resolution | Before initiating foreclosure (Civil Code 5705(b)) | Meet and confer, or an alternative dispute resolution program |
| Board decision to foreclose | A majority vote in executive session, recorded in the minutes, at least 30 days before any public sale (Civil Code 5705(c)) | Notice of the decision to the owner by personal service or first class mail (Civil Code 5705(d)) |
| Notice of sale | Before the trustee's sale | A statement that the property is being sold subject to the 90 day right of redemption (Civil Code 5715) |
The 90 days after the sale
Unlike a lender's trustee's sale, an association's nonjudicial foreclosure comes with a right of redemption. Under Civil Code 5715 the period ends 90 days after the sale, and the notice of sale has to say so. Redeeming means paying what the sale was held for, plus the costs the statute allows, and it is the last exit the law leaves open.
Pay, dispute, or sell: what each route requires
| Route | What it takes | When it stops working |
|---|---|---|
| Pay the assessments | The delinquent assessments, late charges, interest, and collection costs on the itemized statement | Never, until the sale; paying below the 5720 threshold removes the foreclosure remedy entirely |
| Request a payment plan or a board meeting | A written request under Civil Code 5665 | Practically, before the board votes to foreclose |
| Dispute the charges | Meet and confer, or alternative dispute resolution, which the association must offer under 5705(b) | Before the sale is initiated |
| Sell and pay through escrow | A buyer whose price covers the association's payoff demand and the mortgage | Until the trustee's sale, and during the 90 day redemption period after it if you can redeem first |
| Redeem after the sale | The amount required to redeem, within 90 days | Day 90 after the sale (Civil Code 5715) |
Selling with an HOA lien on the house
An association lien is paid through escrow like any other. The association issues a payoff demand, escrow pays it at closing, and the lien is released. What the lien does in the meantime is grow at up to 12 percent a year plus collection costs, and, once the threshold is crossed, put a second foreclosure clock on the same house. We buy houses as-is for cash across Southern California, from the Temecula Valley and Riverside County to Orange County and North County San Diego, with the association's demand handled inside escrow. Get a no-obligation cash offer and compare it with a balance that only grows.
Frequently Asked Questions
Where is an HOA lien recorded for a house in Riverside, Orange, or San Diego County?
At the recorder's office of the county the property sits in, the same office that records a lender's Notice of Default: the Riverside County Assessor-County Clerk-Recorder for Temecula and Murrieta, the Orange County Clerk-Recorder for Irvine and Mission Viejo, and the San Diego County Assessor/Recorder/County Clerk for Oceanside and Carlsbad. Civil Code 5675 requires the association to mail you a copy by certified mail within 10 calendar days of recording, so the lien should never be a surprise found in a title search.
Can an HOA foreclose if my mortgage is current?
Yes. The association's lien and its foreclosure are separate from the lender's. Being current on the mortgage does not affect whether the association can proceed once its delinquency passes the $1,800 or 12 month threshold in Civil Code 5720 and it has followed the notice and vote requirements.
Do late fees and attorney's fees count toward the $1,800?
No. Civil Code 5720 measures the threshold by delinquent regular or special assessments. Late charges, interest, collection costs, and attorney's fees may be added to the lien under Civil Code 5650, but they do not count toward the amount that unlocks foreclosure.
Can I get the house back after an HOA foreclosure sale?
Yes, within 90 days. Civil Code 5715 creates a right of redemption that ends 90 days after an association's nonjudicial foreclosure sale, and requires the notice of sale to state that the property is sold subject to it.
About HOA Liens and Foreclosure in California
- Civil Code 5720, the $1,800 or 12 month threshold
- Civil Code 5660, the pre-lien notice
- Civil Code 5705, steps before foreclosure
- Civil Code 5715, the 90 day right of redemption
- HUD, free housing counseling
Sources: Civil Code 5650, 5660, 5665, 5675, 5705, 5715, 5720, Luke S. Carlson, LS Carlson Law, HUD