Cal. Civ. Code §5675
—
Notice of delinquent assessment — Content and recordation
Establishes the content requirements for the recorded notice of delinquent assessment that creates the Davis-Stirling assessment lien. The notice must include the principal assessment amount, costs of collection, late charges, interest, the legal description of the unit, the record owner's name, and the name and address of the trustee authorized to enforce the lien by sale. An itemized statement of charges must be recorded together with the notice, and a copy must be mailed by certified mail to every owner within 10 days of recordation.
Reviewed · California changes feed
Enforcement
| Ref | Requirement |
|---|---|
| (a) | The HOA lien is created the moment the recorder accepts the notice of delinquent assessment. Before recordation, the HOA has only a contractual claim against the owner; after recordation, the HOA has a lien against the unit that affects title and survives transfer. |
| (b) | The recorded lien must contain every dollar amount itemized, the legal description and parcel number of the unit, and the name of the record owner — no shortcuts. A defective notice can be challenged. |
| (b) | The HOA cannot lump everything into a single number on the lien. An itemized breakdown — assessments, late fees, interest, attorney fees, collection costs — must be recorded alongside the notice. Owners can challenge any line item that lacks legal authority. |
| (c) | The HOA must designate a specific trustee (typically a law firm or trustee services company) and identify them by name and address on the recorded lien. Without a named trustee, the HOA cannot proceed to non-judicial foreclosure if collection later requires it. |
| (d) | The HOA has only 10 days after recording the lien to send certified-mail copies to every record owner. Missing this deadline does not void the lien but can be raised as a procedural defense and disrupts the HOA's collection schedule. |
Legal Topics
Legal references last verified May 24, 2026.
This content is educational and informational. It does not constitute legal advice.
Consult a licensed attorney in your state for legal guidance specific to your situation.