CA Court Says No to Foreclosure by HOA, Yes to Payment Plan by Member

An HOA member (“Owner” ) failed to pay applicable homeowner’s association fees. A year and a half later, the association notified Owner that he was $3,864.96 delinquent and recorded a lien against Owner’s property. Prior to HOA foreclosure of the lien, Owner requested that the association refrain from foreclosing in exchange for $2,000 and a formal payment plan. The association accepted the payment plan but Owner only made a few payments before defaulting. Association threatened foreclosure again if Owner did not pay the full amount within a 10 day period. Owner then paid $188 per the agreed payment plan, followed by a $3,500 cashier’s check to be applied to the balance of the amount owed. Association claimed it was “unable to accept partial payments” and proceeded with foreclosure efforts.