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Payment Under Protest

Posted by Joel Kriger | Sep 24, 2015

Civil Code section 5658 creates a process where disputed fines or other charges can be resolved in small claims court. Before an owner can challenge a disputed fine or charge imposed by the Association they are required to make a payment under protest. The law provides that when a dispute exists between an owner and the Association regarding any disputed charge including assessments, fines, penalties, late fees, collection costs or other monetary penalty imposed as a disciplinary measure, the owner may pay under protest the disputed amount including costs of collection, attorney fees, late charges and interest, if any, and commence an action in small claims court for its recovery. When this procedure is followed, the small claims court has jurisdiction to determine whether or not the charges were properly imposed by the Association. 

About the Author

Joel Kriger

Founder / Of Counsel Practice Areas: Community Association Counsel Joel M. Kriger is the founder of Kriger Law Firm. A native of Pennsylvania, Joel graduated from Temple University in 1970 and moved to San Diego to attend the University of San Diego School of Law, from which he graduated in 1973. Joel maintai...


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