California HOAs must follow strict assessment rules under the Davis-Stirling Act. Regular assessments require annual budget approval. Special assessments exceeding 5% of the budget need membership approval. The HOA must provide a 30-day notice before recording an assessment lien.
Under the Davis-Stirling Act, San Francisco HOAs must adopt an annual budget and distribute it to all members 30-45 days before the fiscal year begins (Civil Code 5300). Regular assessments are based on this budget. Special assessments exceeding 5% of the current fiscal year budget require approval by a majority of the membership (Civil Code 5605). Emergency special assessments (for immediate health/safety threats, court orders, or mandatory legal obligations) may be imposed by the board without a vote but are limited to specific conditions. Before recording a lien for unpaid assessments, the HOA must provide written notice at least 30 days before and offer the owner the right to request dispute resolution (Civil Code 5660). The HOA must also offer a payment plan to owners who fall behind. Late fees cannot exceed 10% of the delinquent amount or $10, whichever is greater (Civil Code 5650). Interest on delinquent assessments cannot exceed 12% per year.
Delinquent assessments may result in liens, late fees (capped at 10% or $10), interest up to 12% annually, and eventual foreclosure. The HOA must follow strict procedural requirements before foreclosure.
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