California Codes, Civil Code - CIV, Division 4 — General Provisions, Part 5.3 — Commercial and Industrial Common Interest Developments, Chapter 7 — Assessments and Assessment Collection, Article 3 — Assessment Collection, Section 6824

(a) A monetary charge imposed by the association as a means of reimbursing the association for costs incurred by the association in the repair of damage to common areas and facilities caused by a member or the member’s guest or tenant may become a lien against the member’s separate interest enforceable by the sale of the interest under Sections 2924, 2924b, and 2924c, provided the authority to impose a lien is set forth in the governing documents.

(b) A monetary penalty imposed by the association as a disciplinary measure for failure of a member to comply with the governing documents, except for the late payments, may not be characterized nor treated in the governing documents as an assessment that may become a lien against the member’s separate interest enforceable by the sale of the interest under Sections 2924, 2924b, and 2924c.

Notes

Allows a governing-document-authorized charge reimbursing an association for member-, guest-, or tenant-caused common-area damage to become a sale-enforceable lien. Prohibits treating a disciplinary monetary penalty for governing-document violations, except late payments, as an assessment that can become a lien enforceable through sale of the member’s separate interest.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 6824 | https://laws.lexinter.net/codes/california/civil-code/division-4/part-5-3/chapter-7/article-3/section-6824

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