OWNER OBLIGATION TO PAY ASSESSMENTS

As provided for in CC&Rs, Civil Code §1367, Civil Code §1367.1, and case law, Members have an obligation to pay their dues and cannot offset their dues or refuse to pay them. They must first pay their assessments and then file their grievances.

 "A system that would tolerate a [condominium] owner's refusal to pay an assessment because the unit owner asserts a grievance . . . would threaten the financial integrity of the entire condominium operation."  Park Place v. Naber (1994) 29 Cal.App.4th 427, 434 fn. 5.  

The Legislature has enacted very specific procedural rules governing condominium assessments. (See Civ. Code, §§ 1366, 1367.) Condominium homeowners associations must assess fees on the individual owners in order to maintain the complexes. (Civ. Code, § 1366, subd. (a).) The assessment "shall be a debt of the owner ... at the time the assessment ... [is] levied." (Civ. Code, § 1367, subd. (a).) When an owner defaults, the association may file a lien on the owner's interest for the amount of the fees. (Civ. Code, § 1367, subd. (b).) If the default is not corrected, the association may pursue any remedy permitted by law, including judicial foreclosure or foreclosure by private power of sale. fn. 7 (Civ. Code, § 1367, subd. (d).) Park Place v. Naber  (1994) 29 Cal.App.4th 427, 432-433.

Updated 5/7/2008