California member refuses to pay HOA fees.

Started by MichelleU1 • 5 replies • 48 views

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MichelleU1 (California)
Posts: 2

Posted:

California 13 unit individually owned townhouses with a self managed HOA has a member who refuses to pay his HOA fees creating a huge financial strain on the budget. He owes 9 months. He’s only lived here 12 months. Any advice would be appreciated.

ElleN (Idaho)
Posts: 1,413

Posted:

The law on paying condo/HOA/townhome assessments is very clear. This member is playing with fire. Meanwhile I hear you about the strain on the budget. If you have no procedure in place for debt collection, then unfortunately I think your HOA Board is stuck consulting an attorney and if needed, special assessing all the members to pay the attorney fees, at least for the short run.

Do read here first: https://www.davis-stirling.com/HOME/C/Collection-Policy

The good news: Usually covenants or bylaws state that an owner who refuses to pay the assessment will have to pay the HOA's attorney fees for the attorney's time spent collecting the debt. Your board should start getting very clear about interest and late charges it can impose (along with the HOA attorney fees) it can impose. Informing the owner of the costs beyond just the assessment that will accumulate and increase his debt may light a fire under him.

TimB4 (Virginia)
Posts: 21,004

Posted:

at 120 days past due my previous Association would turn the issue over to our Attorney for collections.

There was one member who would consistently wait until legal cases were filed against them before paying. Happened every year.

Have a resolution in place on when things happen and stick to them.

Don't be afraid of foreclosing on a lien because they are a neighbor. As you pointed out, the lack of paying creates higher assessments for everyone to cover one members share of the expenses. Sometimes the threat alone is enough to get them to pay, but you have to be willing to go through the process.

Attorney fees would be considered costs of collection and, unless there are limitations, added to the past due balance of the individual who is not paying.

TerriS6 (California)
Posts: 3,270

Posted:

Small claims court then attach bank account. Quick and cheap.

EliK1 (Texas)
Posts: 9

Posted:

Michelle, before the attorney step, make sure the paper trail exists; nine months of silence is what the owner will lean on. California's collection rules are specific:

1. Under Civil Code 5650, an assessment is delinquent 15 days after it is due unless your declaration says longer. The association may then add a late charge (up to 10 percent or $10, whichever is greater), interest up to 12 percent starting 30 days after the due date, and collection costs.

2. Before recording a lien, 5660 requires a written notice by certified mail at least 30 days ahead: an itemized statement, a description of your collection procedure, and the owner's rights to meet with the board, dispute the debt, and ask for a payment plan under 5665.

3. Under 5720, foreclosure is off the table until the delinquent assessments alone reach $1,800 or run more than 12 months late, which is why Terri's small claims route fits a 13-unit budget.

If there is no written collection policy, adopt one now and apply it to everyone the same way. Your CC&Rs can change some of these details, so have your HOA attorney look over the lien notice before it goes out.

— Eli

MichelleU1 (California)
Posts: 2

Posted:

Quote:

Posted By EliK1 on 10/22/2026, 10:03 AM

Michelle, before the attorney step, make sure the paper trail exists; nine months of silence is what the owner will lean on. California's collection rules are specific:
1. Under Civil Code 5650, an assessment is delinquent 15 days after it is due unless your declaration says longer. The association may then add a late charge (up to 10 percent or $10, whichever is greater), interest up to 12 percent starting 30 days after the due date, and collection costs.
2. Before recording a lien, 5660 requires a written notice by certified mail at least 30 days ahead: an itemized statement, a description of your collection procedure, and the owner's rights to meet with the board, dispute the debt, and ask for a payment plan under 5665.
3. Under 5720, foreclosure is off the table until the delinquent assessments alone reach $1,800 or run more than 12 months late, which is why Terri's small claims route fits a 13-unit budget.
If there is no written collection policy, adopt one now and apply it to everyone the same way. Your CC&Rs can change some of these details, so have your HOA attorney look over the lien notice before it goes out.
— Eli

Thank you for your response. We have done all that you listed. Appreciate your feed back and advice.

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