CA Court Prevents Foreclosure & Enforces HOA Member’s Right to Payment Plan to Cure Delinquency

by | Jan 19, 2014 | Case Decisions, Dues and Assessments

California Appellate Court (January 13, 2014) ruled that the legislative intent behind Civil Code 1367.1 allows for partial payments to pay down delinquent assessments, and limits the remedy of foreclosure to only a last resort. Accordingly, the Association’s refusal of the partial payments by the owners did not justify a foreclosure.

See: Huntington Continental Town House Association , Inc. v. The JM Trust et al.