Homeowners Association Must Accept Partial Payments.

A homeowners association notified a homeowner of a $3,864.96 delinquency. Two weeks later, a lawsuit against the homeowner was authorized. During the following months, the sides reached an agreement regarding a payment plan, although the homeowner never signed the agreement. The homeowner did, however, make three payments totaling $3,500, although the monthly payments of $188 were not made. Many months after the notice of delinquency, the homeowner began paying the regular monthly homeowner fee of $188/month. Over a year and a half after the first notice of delinquency, the homeowner tendered a check for $3,500, but the association’s collection lawyer returned the check, stating the association was unable to accept partial payments. A foreclosure trial followed, and the trial court awarded the association foreclosure as well as $5,715.93 in damages. The appellate division of the superior court reversed, concluding the Davis-Stirling Common Interest Development Act [Civil Code section 1350, et seq.] compels a homeowner’s association to accept partial payments. (Huntington Continental Town House Association, Inc. v. The JM Trust (Cal. App. Sup. Ct.; January 13, 2014) 222 Cal.App.4th Supp. 13.)