Cal. Civ. Code §5700
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Assessment lien — Priority
Establishes the priority of the assessment lien. The lien is generally subordinate to first deeds of trust and senior mortgages recorded before the lien notice, but it has priority over later-recorded encumbrances. California does not have a "super-priority" for HOA liens over first mortgages.
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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 3. Assessment Collection [5700 - 5740] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. ) 5700. (a) Except as otherwise provided in this article, after the expiration of 30 days following the recording of a lien created pursuant to Section 5675, the lien may be enforced in any manner permitted by law, including sale by the court, sale by the trustee designated in the notice of delinquent assessment, or sale by a trustee substituted pursuant to Section 2934a. (b) Nothing in Article 2 (commencing with Section 5650) or in subdivision (a) of Section 726 of the Code of Civil Procedure prohibits actions against the owner of a separate interest to recover sums for which a lien is created pursuant to Article 2 (commencing with Section 5650) or prohibits an association from taking a deed in lieu of foreclosure. (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 |
|---|---|
| California HOAs cannot wipe out a first mortgage through assessment-lien foreclosure. The first mortgage survives the sale. | |
| (a) | The HOA's lien takes its priority position from the day the lien notice is recorded. Anything recorded against the property before that date — like a first mortgage — keeps higher priority. |
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Legal references last verified July 4, 2026.
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