California Court of Appeal

In this action seeking full payment from a homeowner who has been delinquent in paying his assessments, the judgment of the trial court finding that plaintiff homeowners association is entitled to full payment is reversed, where: 1) 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; and 2) the obligation to accept partial payments continues after a lien has been recorded against an owners' separate interest for collection of delinquent assessments.

Appellate Information

• Decided 10/14/2014
• Published 10/14/2014

Judges

• Fybel

Court

• California Court of Appeal

Counsel