Civil Code Assessments & Liens

§5660

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.

Cites (5)

§5205 §5650 §5665 §5900 §5925

Cited by (4)

§5665 §5675 §5685 §5730

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)

Official text · leginfo ↗