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Regular and special HOA assessments are delinquent a specified number ofdays after they become due. If an assessment is delinquent, thecondo association may recover all of the following:

• Reasonable costs incurred in collecting the delinquent assessment, including reasonable attorneys' fees
• A late charge
• Interest on all sums due

If a homeowner fails to pay the assessment, the HOA has several options:

• File a civil action in small claims court (if the amount due meets the court's requirements)
• Record a lien on the homeowner's unit or separate interestand delay foreclosure until the amount due equals a pre-determinedamount or the HOA assessments are more than 12 months delinquent
• Record a lien on the homeowner's separate interest and foreclose on the lien
• Any other manner provided by law

If the HOA is going to file a lien on the homeowner's unit, at least30 days before filing the lien, it should send the owner of record anotice including, among other things:

• A general description of the HOA's collection and lien enforcement procedures
• The method of calculation of the condo fees due
• A statement that if the homeowner's separate interest is placed inforeclosure because the homeowner is behind in his or her HOA assessments,it may be sold without court action
• An itemized statement of the charges owed by the homeowner
• The right to dispute the assessment debt by submitting a written request for dispute resolution to the HOA
• The right to request alternative dispute resolution with a neutral third party before the HOA may initiate foreclosure

To establish the lien, the HOA must record a notice of delinquentassessment in the county where the owner's unit is located. The noticemust comply with the requirements of state law. Thirty days after thelien is recorded, it may be enforced in any manner permitted by law,including sale by the court, sale by the trustee named in the notice ofdelinquent assessment, or sale by a properly substituted trustee.

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Homeowners' associations (HOAs) have the right to impose special assessments and HOA feeson each member of the association to pay for the HOA's operations andmaintenance expenses. Assessments can be regular or special, dependingon the purpose for which they are made. Assessments are calculated,collected and enforced in the manner required by law and as provided bythe HOA's governing documents.

Regular assessments are made to defray expenses related tothe ownership, operation, or furnishing of common interests or to theenjoyment of mutual and reciprocal rights of use. For instance, therevenue generated by regular assessments can be used for the repair andmaintenance of common property, such as lobbies, community centers,common roofs, parking lots and garages.

Special assessments are made for capital improvements or forother purposes, such as replenishing a reserve condo fund that was spent onunexpected maintenance projects.

The governing documents of the development, such as the declaration of covenants, conditions and restrictions (declaration or CC&Rs) and the condo bylaws, should describe the assessment process, including how much the assessments can be increased a

Regular assessments against the units in a common interestdevelopment typically must start on the date of the first transfer of aunit from the property's developer or on the first day of the monthfollowing the first conveyance of a unit. 

Assessments are made according to the schedule indicated in the HOA's bylaws or CC&Rs. The HOA must send or deliver notices of each homeowner's assessment amount to the homeowner. The homeowner then has a specified number of days in which to pay the assessment amount.

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The condoassociation, which is comprised of the homeowners, is responsible formaintenance, operation, and finances of the complex.  A well-runcondo association can offer considerable convenience and benefits forowners.  On the contrary, a poorly run condo association can createheadaches, hassles, and hardships. You can expect to pay monthlycondo association fees or dues that cover operating costs of the complex. Those fees can be steep depending on the amenities offered.  You canalso expect the association to make and enforce condo rules and enforcements that are designedto maintain a harmonious look and feel of the complex.  Somecondo associations have lots of rules.  Others have few rules.  Some rulesare reasonable, and still others can be intrusive.  Rules governeverything from your number of parking spaces to restrictions onvisitors.  As an owner, you are required to abide by all of the ruleswhether you like them or not.

Before You Buy
A few general rules of thumb when considering a condo purchase are:

• Meet the folks who would be your new neighbors.  Find out what they like or do not like about the complex and the condo association.

• Checkout the financial solvency of the condo association.  You do not wantto find out about financial difficulties and be presented with anunexpected significant fee after you move in.

• Get the facts on owner-occupied versus rental units.  A predominance of rental units can present challenges of its own.

• Learnabout the rules.  Read the condo bylaws to gain a clear understanding of howthe association is organized and what the rules govern.

• Read the master deed or have an attorney review it.

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