In Huntington Continental Town House Assn, Inc. v. Miner (Jan. 13, 2014, 222 Cal.App.4th Supp. 13), the Appellate Division of the Superior Court of Orange County held that an association could not reject partial payments which owners tendered, after commencement of foreclosure litigation, that would have brought assessments current and would have stopped the foreclosure on the assessment lien, even though other amounts due would have remained unpaid.
This case was recently reheard, and upheld, by the Fourth Appellate District. The opinion has been certified for publication. Thus, associations may not reject partial payments of delinquent assessments.
CACM has developed a partial payment checklist to help you handle partial payments for delinquent assessments. Download the checklist now.
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