Ontario HOA assessments follow Civil Code 5600 through 5740. Regular dues and special assessments are capped, must be disclosed in writing, and must follow strict collection and lien procedures.
Regular and special assessments for Ontario HOAs are governed by Davis-Stirling Civil Code sections 5600 through 5740. Boards may increase regular dues by up to 20 percent per year and impose special assessments of up to 5 percent of the annual budget in a fiscal year without a member vote; anything larger requires a member vote with quorum under Civil Code 5605. Before imposing assessments the board must distribute a proforma budget, reserve study disclosures, and the annual policy statement to members per Civil Code 5300. Assessments are the personal obligation of the owner and automatically create a lien on the property under Civil Code 5650 if unpaid. Before recording a lien the HOA must send a pre-lien notice by certified mail at least 30 days in advance, offer a payment plan and Alternative Dispute Resolution, and follow strict accounting of fees, late charges, and interest. Collection costs and attorney fees may be added only in accordance with the CC&Rs and statute. Foreclosure of an HOA assessment lien is governed by Civil Code 5700 through 5720 and requires the balance to exceed 1,800 dollars or be 12 months delinquent.
Contact your local code enforcement office for specific penalty information.
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