Huntington Contin. Townhouse Assn. v. MinerAnnotate this Case
The question this case presented for the Court of Appeal's review was whether a homeowners association was required by the Davis-Stirling Common Interest Development Act to accept partial payments from an owner of a separate interest, who was delinquent in paying his or her assessments, after a lien has been recorded against the owner’s separate interest to secure payment of delinquent assessments and other charges. The Court agreed with the appellate division of the superior court's decision and held that under Civil Code section 5655(a), a homeowners association must accept a partial payment made by an owner of a separate interest in a common interest development and must apply that payment in the order prescribed by statute. The obligation to accept partial payments continues after a lien has been recorded against an owner’s separate interest for collection of delinquent assessments. The remedies available to an association under Civil Code section 5720 depend upon the amount and the age of the balance of delinquent assessments following application of the partial payment.