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Cal. Civ. Code § 5658

Assessment Payment and Delinquency

Known as the Davis-Stirling Common Interest Development Act

The act spans §§ 4000 to 6150 (223 sections).

Applied in 1 court decision — leading case 230 Cal. App. 4th 590 - Huntington Continental Townhouse Ass'n v. Miner (2014)

Most recently applied in 230 Cal. App. 4th 590 - Huntington Continental Townhouse Ass'n v. Miner (October 2014)

Added by Stats. 2012, Ch. 180, Sec. 2

(a) If a dispute exists between the owner of a separate interest and the association regarding any disputed charge or sum levied by the association, including, but not limited to, an assessment, fine, penalty, late fee, collection cost, or monetary penalty imposed as a disciplinary measure, and the amount in dispute does not exceed the jurisdictional limits of the small claims court stated in Sections 116.220 and 116.221 of the Code of Civil Procedure, the owner of the separate interest may, in addition to pursuing dispute resolution pursuant to Article 3 (commencing with Section 5925) of Chapter 10, pay under protest the disputed amount and all other amounts levied, including any fees and reasonable costs of collection, reasonable attorney’s fees, late charges, and interest, if any, pursuant to subdivision (b) of Section 5650, and commence an action in small claims court pursuant to Chapter 5.5 (commencing with Section 116.110) of Title 1 of the Code of Civil Procedure.

(b) Nothing in this section shall impede an association’s ability to collect delinquent assessments as provided in this article or Article 3 (commencing with Section 5700).

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.