Homeowner’s Association Must Strictly Comply With Davis-Sterling Prior To Foreclosure.

A homeowner’s association [HOA] decided to replace all of the roofs in the development, and approved a special assessment of $9,750 per unit after a special election by a majority of the voting members of the association. After homeowner/petitioner failed to pay her special assessment, the HOA recorded an assessment lien on her townhouse property and filed an action for judicial foreclosure. The homeowner moved for summary judgment on the ground the HOA could not foreclose because the assessment lien was not valid since the HOA had not complied with the pre-lien and pre-foreclosure notice requirements set forth in the Davis-Sterling Common Interest Development Act [Civil Code sections 1367.1 and 1367.4]. Finding the Homeowner’s Association had substantially complied with the Act, the trial court denied summary judgment. The Court of Appeal granted the homeowner’s petition for extraordinary relief, stating: “Since the Association’s failure to strictly comply with all of the statutory notice requirements is undisputed, we will issue a peremptory writ of mandate directing the trial court to vacate its order denying [the homeowner’s] motion for summary judgment and enter a new order granting the motion.”  Diamond v. Sup.Ct. (Casa Del Valle Homeowners Association)  (Cal. App. Sixth Dist.; July 12, 2013) 217 Cal.App.4th 1172.