Civil Code Assessments & Liens
Pre-Lien Notice
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 §5660
At least 30 days prior to recording a lien upon the separate interest of the owner of record to collect a debt that is past due under Section 5650, the association shall notify the owner of record in writing by certified mail of the following:
(a) A general description of the collection and lien enforcement procedures of the association and the method of calculation of the amount, a statement that the owner of the
separate interest has the right to inspect the association records pursuant to Section 5205, and the following statement in 14-point boldface type, if printed, or in capital letters, if typed:
“IMPORTANT NOTICE: IF YOUR SEPARATE INTEREST IS PLACED IN FORECLOSURE BECAUSE YOU ARE BEHIND IN YOUR ASSESSMENTS, IT MAY BE SOLD WITHOUT COURT ACTION.”
(b) An itemized statement of the charges owed by the owner, including items on the statement which indicate the amount of any delinquent assessments, the fees and reasonable costs of collection, reasonable attorney’s fees, any late charges, and interest, if any.
(c) A statement that the owner shall not be liable to pay the charges, interest, and costs of collection, if it is determined the assessment was paid on time to the association.
(d) The right to request a meeting with the board as provided in Section 5665.
(e) The right to dispute the assessment debt by submitting a written request for dispute resolution to the association pursuant to the association’s “meet and confer” program required in Article 2 (commencing with Section 5900) of Chapter 10.
(f) The right to request alternative dispute resolution with a neutral third party pursuant to Article 3 (commencing with Section 5925) of Chapter 10 before the association may initiate foreclosure against the owner’s separate interest, except that binding arbitration shall not be available if the association intends to initiate a judicial 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.)
Where this sits in the process
Editorial summaries — not the statute’s text.
Collecting a delinquent assessment
Before: §5650 — The lien cannot come first: the association must notify the owner in writing by certified mail at least 30 days before it records a lien for the §5650 debt.
≥30 days before recording a lien
After: §5665 — An owner may respond to the §5660 notice by requesting a payment-plan meeting; the request and the board meeting run on clocks measured from the notice.
meeting within 45 days of the request, if requested within 15 days of the notice
How courts have read this
Editorial summaries — not the court’s words.
- Zakia Mashiri v. Epsten Grinnell & Howell 845 F.3d 984 · 2017 HOA pre-lien collection notices must honor federal debt-dispute rights.
central to this opinion — cited 6×
- Diamond v. Superior Court 217 Cal. App. 4th 1172 · 2013 Foreclosing an assessment lien requires strict compliance with every notice requirement.
decided before the current text (eff. 2014-01-01, AB 805)
- Bear Creek Master Ass'n v. Edwards 130 Cal. App. 4th 1470 · 2005 Unbuilt condominium units still owe association assessments.
Construes former §1367(a)’s certified-mail pre-lien notice requirement, carried into §1367.1(a) in 2003 and now this section: notice sent by certified mail to the address the owner designated is effective, and refusing to sign for the certified letters cannot defeat it.
decided before the current text (eff. 2014-01-01, AB 805)
- In re: Maria A. Basave De Guillen 604 B.R. 826 · 2019 Assessment liens secure only the amounts stated in the recorded notice.
cited 2×
- Huntington Continental Townhouse Ass'n v. Miner 230 Cal. App. 4th 590 · 2014 Associations must accept partial payments toward delinquent assessments.
cited 2×
- Doskocz v. ALS Lien Services 102 Cal. App. 5th 107 · 2024 Homeowners cannot waive the assessments-first payment allocation rule.
mentioned in passing
Cites (5)
Cited by (4)
References whole articles
- Article 2 — Internal Dispute Resolution (6 sections, commencing §5900)
- Article 3 — Alternative Dispute Resolution Prerequisite to Civil Action (9 sections, commencing §5925)