Homeowners’ Association Must Accept Partial Payment.

The question in this case is whether a homeowners association is required by the Davis-Stirling Common Interest Development Act (Civ.Code, § 4000 et seq.) (the Davis-Stirling Act) to accept partial payments from an owner of a separate interest, who is delinquent in paying his or her assessments, after a lien has been recorded against the owner’s separate interest to secure payment of delinquent assessments and other charges. The appellate court held that “under Civil Code section 5655, subdivision (a) (section 5655(a)), a homeowners association must accept a partial payment made by an owner of a separate interest in a common interest development and must apply that payment in the order prescribed by statute. The obligation to accept partial payments continues after a lien has been recorded against an owner’s separate interest for collection of delinquent assessments. The remedies available to an association under Civil Code section 5720 depend upon the amount and the age of the balance of delinquent assessments following application of the partial payment.” (Huntington Continental Townhouse Association, Inc. v. Miner (Cal. App. Supp., Orange County; October 14, 2014) 222 Cal.App.4th Supp. 13, [167 Cal.Rptr.3d 609].)