|Chapter: 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |||Assessments and Assessment Collection|
|Article: 1 | 2 | 3 |||Assessment Payment and Delinquency|
|Section: 6808 | 6810 | 6812 | 6814 | 6816 | 6818 | 6819 ||
Section 6819 - Procedural Noncompliance
An association that fails to comply with the procedures set forth in this section shall, prior to recording a lien, recommence the required notice process. Any costs associated with recommencing the notice process shall be borne by the association and not by the owner of a separate interest.
Note: this Section is improperly drafted. It provides that non-compliance with the procedures set forth in this section requires the Association to recommence the notice process. However, the only procedure in this section is the requirement to recommence and there is no notice process in this section; the notice is required by Section 6812. Both this section and Civil Code Section 5690 were derived from Civil Code Section 1367.1(1) before its repeal; Section 1367.1 included procedures which were included in the Common Interest Development Act (thus Section 5690 refers to non-compliance with the procedures in the article), but not entirely included in the Commercial or Industrial Act (thus this section was erroneously drafted to only refer to non-compliance with the procedures in the section, rather than the article, which would have been appropriate even though the entirety of Section 1367.1 was not made applicable to Commercial or Industrial Common Interest Developments). The end result is confusion.
First Enacted: Old CID Section 1367.1(l)
Similar to: CID Section 5690