Skip to main content

When does sol on hoa monthly dues start running in California? At the date of last item? Or when homeowner stops paying dues?

San Bernardino, CA |

Where can I find the code for my particular question? Where can I find California cases for my particular question?

+ Read More

Attorney answers 2


Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

Based on Section 337 of the California Code of Civil Procedure, the statute of limitations on a written contract is four years after the last payment. If you want to research this matter further, you can find various practice guides at the local law library. Be sure to consult your own attorney to protect your legal rights.


I have tried to find a definite answer to this question myself but have been unsuccessful. It is either 4 years under Code of Civil Procedure section 336 or 5 years under Civil Code section 784. However, both those provisions relate to holding the owner individually responsible. They may not be applicable when the HOA is only asserting its rights against the estate, i.e., the owner's interest in the land.

When does it start running? Failure to pay each monthly payment is a separate breach so, IMO, the look-back period is either 4 or 5 years. But, again, this may be inapplicable with respect any lien asserted against the land or the associations right to collect all past due payments under redemption after foreclosure.

As always, do not rely on this advice. There could be circumstances in any particular situation which would provide for a different result and the statute of limitations in any particular circumstance is always fact driven.

I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer