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Case Law - Assessment

Diamond v. Superior Court

(2013)217 Cal.App.4th 1172  The appellate court held that an association's failure to strictly comply with all statutory pre-lien and pre-foreclosure notice requirements invalidated the association's assessment lien that was the subject of a judicial foreclosure action. The association argued that it had substantially complied with the statutory requirements, but the court ruled that substantial compliance is insufficient. The association was ordered to pay the debtor's costs incurred in defending against the foreclosure action.

James F. O'Toole Co., Inc. v. Los Angeles Kingsbury Court Owners Association

(2005) 126 C.A.4th 549 The court ordered an association to impose a special emergency assessment to pay a $140,000 judgment obtained by a homeowner.  The court also ordered the appointment of a receiver to carry out the order. 

Park Place Estates Homeowners Association v. Naber

(1994) 29 Cal.App.4th 427 An owner may not withhold assessments owed to the association as a set off to his alleged claims against the association.

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