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Q.What recouse does the HOA have if a homeowner does not pay an assessment?
A.The homeowners association (HOA) is required to have a written policy regarding the collection of delinquent assessments that is in conformity with the association's governing documents (Bylaws and CC&Rs) and state law. That policy must be distributed to all homeowners every year.
If a homeowner fails to pay a regular or special assessment, s/he can be subject to a variety of fees and penalties including non-judicial foreclosure (a four-month procedure culminating in an auction-like sale of the delinquent homeowner’s unit or lot). In a non-judicial foreclosure, there is no trial or hearing. The procedure can be handled by an attorney, or a specialized assessment collection service.
However, if a homeowner fails to pay a personal reimbursement assessment levied to reimburse the HOA for damage to the common area, non-judicial foreclosure is only possible if the governing documents so authorize. If the governing documents are silent on the issue, the HOA must collect its funds through the normal judicial process.
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