How Do We Handle Delinquent Members and Delinquent Directors?

By Kelly G. Richardson, Esq. CCAL

Dear Mr. Richardson: What can be done to a person who refuses to pay their dues? A.M., Torrance.

Dear A.M.: While an unpleasant task, collecting past due assessments from members is a very important board responsibility. If the association does not require all members to timely pay their fair share, the good neighbors paying each month are going to have to pay more to make up for the neighbors who do not. Without collecting all due assessments, the association cannot pay its bills, which harms all HOA members.

Because of the importance of regular and timely assessment payment, the law gives HOAs some very powerful tools to help communities ensure they can meet the common expenses of homeowners.

First, Civil Code Section 5650(1) provides that if the association pursues assessment delinquencies it can also recover attorney fees, interest, and late charges.

Second, Civil Code Section 5675(a) authorizes the HOA to record a lien (essentially an involuntary mortgage) on the property to secure the HOA’s assessment claim. The lien will make it harder to sell or refinance the property without first paying off the assessment claim.

Third, if the lien is still unpaid 30 or more days after it is recorded, the HOA can under Civil Code Section 5700 begin foreclosure proceedings to involuntarily take the property away from the owner.

There are two types of foreclosure. One is nonjudicial foreclosure, in which the HOA (usually through a collection vendor) provides a series of notices and after prescribed waiting periods can have the property sold at a foreclosure sale. The other type of foreclosure is judicial foreclosure, in which the HOA files a lawsuit against the homeowner asking for a judge to award money to the HOA and/or to have the property sold to pay the debt. Homeowners should not ignore foreclosure notices and should act quickly to protect their home. Completing a foreclosure is a very serious action, and HOAs should consult legal counsel before sending a property to foreclosure sale.

The obligation to keep members current on assessments collection is a serious matter and should be taken seriously by both the HOA board and HOA homeowners.

Sincerely, Kelly.

Mr Richardson: I’m a new elected board member. As I’m looking over homeowner’s delinquency information, I’m concerned that several incumbent board members are delinquent. Is there any Civil Code that a board member should be current in their HOA dues? Hopefully this might make it in one of your articles - I’m in shock. Very concerned, D.S., Irvine.

Dear D.S.: The only automatic eligibility requirement to serve on HOA boards in California is that one must be an owner in the HOA. Civil Code Sections 5103(d)(2) and 5105(c) provide five optional eligibility standards that associations may adopt, and one such standard is that candidates or directors not current in their payment of regular or special assessments may be disqualified from candidacy or serving on the board. “Delinquent” is defined by Civil Code Section 5650(b) as not paid 15 days after an assessment becomes due.

Civil Code Section 5103(d) (3) states that board eligibility requirements must also be applied to the seated directors, which means that if the election rules bar delinquent candidates then directors must also not be delinquent. Best regards, Kelly

Kelly G. Richardson, Esq. is a Fellow of the College of Community Association Lawyers and Partner of Richardson Ober LLP, a California law firm known for community association expertise. Submit column questions to Kelly@ roattorneys.com. Past columns at www.HOAHomefront. com. All rights reserved®.

When Mariah was two, she suffered life-threatening facial injuries. Thanks to generous LifeStream blood donors, Mariah received the blood she needed that helped save her life.

Please donate. It’s easy. And you just may help to save a life.

By Desert Star Staff

Cities across the country are bracing for a spike in migrants as the end of Title 42 draws near. The policy was invoked during the Covid-19 pandemic to expel migrants quickly without giving them the opportunity for a credible fear interview or asylum application.

However, not all migrants were affected by the policy, including children traveling alone. As a result, the procedure is expected to be lifted on May 11.

What is Title 42?

Title 42 is a longstanding public health law that gives the federal government the power to remove migrants in times of emergency. For example, in March 2020, during the COVID-19 pandemic, the Trump administration used this law to promptly remove migrants from countries with high rates of new virus cases.

The government policy permits removing migrant children who come into the country without accompanying adults. The Bipartisan Policy Center reports that around 2.8 million migrants have been expelled under Title 42 since its introduction. Although Democrats in Congress and advocates are requesting the policy’s repeal, the White House has declined.

Several Republicans, including those representing districts that voted for the president, are pushing to maintain Title 42. They introduced a bill before the recent recess to prevent the White House from lifting the law without a comprehensive strategy to manage a potential surge of migrants.

Axios was the first to report on this development.

What will happen at the border after Title 42 is lifted?

Officials are preparing for a potential increase in migrants after the expiration of Title 42. The administration is mobilizing significant resources to handle a possible surge of asylum seekers. However, whether the increase will be substantial or long-lasting is still being determined. Migration has risen due to a combination of factors, including global events, economic disparities, cartels’ increased smuggling operations, and a lack of action from Congress, all exacerbated by the COVID-19 pandemic.

The end of Title 42 could mean more migrants are released into the United States, particularly those not eligible for expedited removal (mostly single adults). But that increase will likely be tempered by a backlog of hundreds of thousands of cases that immigration courts have been processing for years. The end of Title 42 will also keep the process for unaccompanied minors, who continue to be housed in federal shelters and allowed to remain in the country while their cases are reviewed.

What will happen in border communities?

Migrants who try to cross the border into the United States flee violence, authoritarian governments, and extreme poverty. Yet, every day, thousands journey across an overextended border system. They risk their lives to escape danger, often hoping to find asylum.

Since March 2020, immigration officials have used a law called Title 42 to expel migrants trying to enter the country illegally quickly. Unfortunately, the Trump administration misinterpreted the law, leading to migrants being removed within hours of apprehension without a chance to request asylum.

Officials expect that when Title 42 expires on May 11, migrant apprehensions will increase. But that increase will likely be less dramatic than in the past.

What will happen in cities across the country?

Each day, numerous migrants take on the perilous journey to enter the United States. These individuals are fleeing from violence, oppressive governments, and dire poverty, hoping to start anew. Starting Thursday, they will have one less challenge to face: the pandemic-era policy referred to as Title 42 has come to an end.

When President Trump invoked the rule at the outset of the coronavirus pandemic, he gave border officials the authority to expel migrants more quickly without considering their asylum requests. The move fueled outrage among rights groups, while Republican governors like Texas Gov. Greg Abbott and Florida’s Ron DeSantis used it to make political points, busing migrant families to Democratic cities.

Although Title 42 exists, it is seldom implemented due to the expense of deporting individuals from the US by air. Instead, the US relies on Mexico to accept deported migrants. Even after Title 42 is no longer in effect, this reliance on Mexico will continue. However, with more migrants into the US, the system is expected to face increased strain.