HOAs in Temecula must follow Davis-Stirling Civil Code §§5600-5740 for assessments, including pre-budget delivery, regular and special assessment limits, and detailed collection procedures. Special assessments over 5% of budget require member vote; foreclosure for unpaid assessments has strict prerequisites.
Assessment authority and process for Temecula HOAs are tightly regulated by Davis-Stirling. Civil Code §5300 requires distribution of an annual budget summary 30-90 days before the fiscal year, including reserve study summary, insurance disclosures, and assessment amount. Regular assessment increases are capped at 20% over the prior year without member approval (Civil Code §5605); larger increases require a majority of a quorum of members. Special assessments are similarly capped at 5% of budgeted gross expenses for the year unless approved by majority vote (Civil Code §5605). Assessments are due as set in the CC&Rs, typically monthly for regular assessments. Late assessments accrue late charges (capped at $10 or 10% per Civil Code §5650), interest at up to 12%, and collection costs. Before initiating collection or foreclosure, the HOA must: send pre-lien notice 30 days in advance (Civil Code §5660), offer payment plan options (Civil Code §5665), offer Internal Dispute Resolution and Alternative Dispute Resolution (Civil Code §§5910 and 5925), and follow strict lien recording procedures (Civil Code §5675). Non-judicial foreclosure requires assessments delinquent at least 12 months or owing $1,800+ (Civil Code §5720). These rules apply to every Temecula HOA from small condominium associations to large communities like Harveston and Roripaugh Ranch.
Specific penalty amounts for this ordinance are not published in a publicly accessible fine schedule. Contact Temecula code enforcement directly for current fines, enforcement procedures, and hearing options.
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