East Foothills HOA Rules: Assessment & Dues Rules (2026)

Civil Code 5605 caps annual regular assessment increases at 20 percent above the prior year and caps aggregate special assessments in a single fiscal year at 5 percent of the gross budgeted expenses, unless a majority of a quorum of members approves a larger increase. Boards must adopt a budget each year under Civil Code 5300 and distribute it 30 to 90 days before the fiscal year begins, including reserve study summaries required by 5550. Delinquent assessments bear interest up to 12 percent per year under 5650 and can be charged a late fee equal to 10 dollars or 10 percent of the delinquent amount, whichever is greater. Before recording a lien the association must send a pre-lien notice at least 30 days before recordation and offer Internal Dispute Resolution and a payment plan under 5665 and 5670. Nonjudicial foreclosure is restricted by Civil Code 5720 to debts of at least 1800 dollars excluding late fees and interest, or delinquent for at least 12 months. Santa Clara County Superior Court routinely reviews lien and foreclosure disputes and scrutinizes notice compliance. Reserve contributions are treated as assessments and subject to the same caps.