Work out a delinquent assessment, late charge, interest, and payment plan
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List the due date, any longer delinquency period the declaration states, and any written payment-plan request. Do not calculate a discount.
- What the lawyer must review
- You decide the amounts. Civil Code § 5650(b) says regular and special assessments levied pursuant to the governing documents are delinquent 15 days after they become due, unless the declaration provides a longer time, in which case the longer time applies. If an assessment is delinquent, the association may recover reasonable costs incurred in collecting it, including reasonable attorney's fees; a late charge not exceeding 10 percent of the delinquent assessment or ten dollars, whichever is greater, unless the declaration specifies a late charge in a smaller amount, in which case the late charge shall not exceed that smaller amount; and interest on all sums imposed in accordance with the section, including the delinquent assessments, reasonable fees and costs of collection, and reasonable attorney's fees, at an annual interest rate not to exceed 12 percent, commencing 30 days after the assessment becomes due, unless the declaration specifies a lesser rate, in which case the lesser rate applies. Section 5665(a) lets an owner submit a written request to meet with the board to discuss a payment plan for the debt noticed under § 5660. The association shall provide the owners the standards for payment plans, if any exist. If the request is mailed within 15 days of the date of the postmark of the notice, the board shall meet with the owner in executive session within 45 days of the postmark of the request, unless there is no regularly scheduled board meeting in that period, in which case the board may designate a committee of one or more directors to meet with the owner. A payment plan may incorporate assessments that accrue during the plan. Additional late fees shall not accrue during the plan if the owner complies with it. A payment plan shall not impede the association's ability to record a lien. If the owner defaults, the association may resume collection from the time before the plan. These pages state no early-payment discount. The tool does not set the charge, the rate, or the plan.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes assembling provisional schedules. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Trace every relied-on figure to its source, confirm dates and assumptions, and independently recalculate totals or derived amounts.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.