Civil Code Assessments & Liens
Application of Payments
Chapter 8 · Assessments and Assessment Collection · Assessment Payment and Delinquency
Text current as of 2026-07-07 · Last amended by AB 805, eff. 2014-01-01
The code says CIV §5655
(a) Any payments made by the owner of a separate interest toward a debt described in subdivision (a) of Section 5650 shall first be applied to the assessments owed, and, only after the assessments owed are paid in full shall the payments be applied to the fees and costs of collection, attorney’s fees, late charges, or interest.
(b) When an owner makes a payment, the owner may request a receipt and
the association shall provide it. The receipt shall indicate the date of payment and the person who received it.
(c) The association shall provide a mailing address for overnight payment of assessments. The address shall be provided in the annual policy statement.
(Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
How courts have read this
Editorial summaries — not the court’s words.
- Doskocz v. ALS Lien Services 102 Cal. App. 5th 107 · 2024 Homeowners cannot waive the assessments-first payment allocation rule.
central to this opinion — cited 25×
- Huntington Continental Townhouse Ass'n v. Miner 230 Cal. App. 4th 590 · 2014 Associations must accept partial payments toward delinquent assessments.
central to this opinion — cited 25×