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Tuesday
Oct302012

CA A.B. 2273 - HOA Assessments and Foreclosed Property

Homeowners Associations (HOA) have been financially impacted during the current economic downturn, especially with the foreclosures that have been occuring throughout the state.  When a foreclosure occurs, the former owner's responsibility to pay HOA assessments stops and the new owner (usually the bank) must begin paying the current assessments from the time of foreclosure.  Until now, it has been very difficult for HOAs to determine the status of foreclosure sales and who the foreclosing party was in order to reestablish their assessments from the new owner.  This has changed now that Assembly Bill 2273 has passed which amends Section 2924b of the Civil Code and adds Section 2924.1. 

The newly passed bill will accomplish two things:

1. The foreclosing parties will be required to record a sale within 30 days of the sale and

2. The length of time has been shortened for foreclosing parties to notify the association that they are the new owners, as long as the HOA has recorded a "Request for Notice" prior to the property receiving a Notice of Default.  If a "Request for Notice" has been filed, the foreclosing party must notify the HOA within 15 days after the sale.

 

Although AB 2273 is a step towards helping HOA reduce the financial impact the economy is having on their budgets, it is important that the HOA record the "Request for Notice" when a home in the association is being foreclosed upon.  HOA boards should contact their attorneys when properties are being foreclosed upon to ensure that the appropriate steps are taken to protect the HOA's interests.

 

AB 2273 will be effective on January 1, 2013.  For more information about AB 2273 please go here.

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