Real Estate & Property Law

How Far Back Can An Association Go To Collect Assessments?

Here is a question I received about assessments:

"My condo association is threatening to come after me for assessments dating back 3 years. I left 3 years ago. The lender still has not done anything. Can they come after me?

The answer would be yes, if they are entitled to the assessments. The HOA or Condo Association can go back 4 years. Beyond that it would run into a statute of limitations problem (in California) as the SOL on contract breaches is 4 years, and the CC&Rs are considered a contract.

If you want to know what happens if an owner "walks away" from a condo or townhouse association, see www.condolawguru.com.

Full post as published by California Condo & HOA Law on March 16, 2010 (boomark / email).