What is the statute of limitations on HOA debt collections?
In California, the statute of limitations for Homeowners Associations (HOA) debt collection is four years, according to California Civil Code (CC) Section 2924c. This means that an HOA can only pursue legal action to collect a debt that is four years old or less. The four-year time limit starts on the date that the debt was contractually due. If the HOA does not take action within this time period, the debt is automatically forgiven. It is important to note that this time limit applies to the HOA’s legal rights to collect the debt, not the homeowner’s responsibility to pay the debt. A homeowner is still responsible for paying any unpaid dues, even if the debt is beyond the four-year statute of limitations. Additionally, some debt may be excluded from the statute of limitations, meaning the HOA could pursue collection beyond the four-year period. For example, certain HOA assessments, such as a homeowner’s responsibility to pay for a repair or restoration of the common area, may be excluded. It is also important to note that the statute of limitations on HOA debt collection may vary depending on the state and local laws. Therefore, it is important to consult the appropriate laws in your state and locality to determine the exact legal rights of the HOA and obligations of the homeowner.
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