Cal. Civ. Code §5675
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Notice of delinquent assessment — Content and recordation
Establishes the content requirements for the recorded notice of delinquent assessment that creates the Davis-Stirling assessment lien. The notice must include the principal assessment amount, costs of collection, late charges, interest, the legal description of the unit, the record owner's name, and the name and address of the trustee authorized to enforce the lien by sale. An itemized statement of charges must be recorded together with the notice, and a copy must be mailed by certified mail to every owner within 10 days of recordation.
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Statutory Text
Verified Aug 5, 2026 · CA_LEG_INFO
Civil Code - CIV DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) CHAPTER 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ARTICLE 2. Assessment Payment and Delinquency [5650 - 5690] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) 5675. (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. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
Enforcement
| Ref | Requirement |
|---|---|
| (a) | The HOA lien is created the moment the recorder accepts the notice of delinquent assessment. Before recordation, the HOA has only a contractual claim against the owner; after recordation, the HOA has a lien against the unit that affects title and survives transfer. |
| (b) | The recorded lien must contain every dollar amount itemized, the legal description and parcel number of the unit, and the name of the record owner — no shortcuts. A defective notice can be challenged. |
| (b) | The HOA cannot lump everything into a single number on the lien. An itemized breakdown — assessments, late fees, interest, attorney fees, collection costs — must be recorded alongside the notice. Owners can challenge any line item that lacks legal authority. |
| (c) | The HOA must designate a specific trustee (typically a law firm or trustee services company) and identify them by name and address on the recorded lien. Without a named trustee, the HOA cannot proceed to non-judicial foreclosure if collection later requires it. |
| (d) | The HOA has only 10 days after recording the lien to send certified-mail copies to every record owner. Missing this deadline does not void the lien but can be raised as a procedural defense and disrupts the HOA's collection schedule. |
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Legal references last verified July 4, 2026.
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