California is one of the few states where a Homeowners Association can foreclose on a member's home for unpaid dues. The Davis-Stirling Common Interest Development Act sets the rules, including a $1,800 or 12-month trigger that has caught more Calabasas, Hidden Hills, and Westlake Village owners off guard than I'd like. I'm Brian Cooper, REALTOR(R) at eXp Realty (DRE# 01434286). I sell HOA-governed inventory in these communities and have helped clients respond to pre-foreclosure notices. Here's the statute, the process, and the local reality.
Quick Answer
A California HOA can foreclose on your home for unpaid dues, but only after the unpaid assessments hit a specific threshold. Under Civil Code 5720(b), the association may not use non-judicial foreclosure unless the amount of the delinquent assessments equals or exceeds $1,800 (not including late charges, fees, attorney's fees, interest, or costs of collection) OR the assessments are more than 12 months delinquent. Whichever trigger fires first opens the door.
Once the trigger is met, the HOA still has to follow a statutory four-step process: pre-lien notice with a 30-day cure window (CC 5660), recordation of the lien (CC 5675), board approval in executive session by majority vote (CC 5705), and recordation of the Notice of Default. The homeowner has a 90-day right of redemption after a non-judicial sale (CC 5715). In Calabasas, Hidden Hills, and Westlake Village, HOA dues run from roughly $400 to $1,800 a month — meaning some owners can hit the $1,800 trigger in a single missed month.
The Davis-Stirling Act (CC 4000-6150)
Davis-Stirling is the umbrella statute that governs every common interest development in California — planned developments, condominiums, stock cooperatives, and community apartment projects. Codified at Civil Code sections 4000 through 6150, it lays out HOA powers, member rights, and the enforcement mechanics for assessments. The 2014 Act reorganization moved the assessment-enforcement rules into Chapter 8, Article 2 of Part 5.
Assessment authority comes from the recorded Declaration of Covenants, Conditions, and Restrictions (CC&Rs). Davis-Stirling overlays statutory floor and ceiling rules. Civil Code 5605 limits how much the board can raise regular assessments (no more than 20% above prior year without a member vote) and special assessments (no more than 5% of budgeted gross expenses without a vote). For HOAs, this matters because dues spikes drive delinquencies, which drive foreclosures.
The Act is enforced by member action, not by a state agency. There's no California HOA regulator. An association that violates statute can be sued by an aggrieved owner; an owner who underpays can be pursued by the association. Both sides bring private counsel.
CC 5720: the $1,800 / 12-month trigger
Civil Code 5720 is the headline statute for HOA foreclosure. Subsection (b) is unambiguous: a non-judicial foreclosure may not be initiated unless the delinquent regular and special assessments equal or exceed $1,800 — measured exclusive of any accelerated assessments, late charges, fees and costs of collection, attorney's fees, or interest — OR the assessments are more than 12 months delinquent.
Both prongs matter. An owner who falls behind on a $650/month dues at four months hits $2,600 — well over the $1,800 threshold — and the HOA can proceed. An owner who falls behind on $150/month dues for 13 months has only accumulated $1,950 and is also over the threshold, but the 12-month prong fires first at month 13 even though the dollar total is below the trigger. The 12-month prong protects HOAs in low-dues communities; the $1,800 prong protects HOAs in high-dues communities.
Below the trigger, the HOA's collection options are limited to small-claims actions, civil suit, interest, and lien — but not foreclosure. That's why Davis-Stirling effectively floors the cost of compelled sale and why HOAs in low-dues communities almost never use the foreclosure remedy.
The 4-step pre-foreclosure process
Once the trigger is met, the HOA must follow a statutory four-step process before any sale can occur. Each step has a code section and an enforceable timeline.
| Step | Statute | Timeline / requirement |
|---|---|---|
| 1. Pre-lien notice + 30-day cure window | CC 5660 | 30 days for owner to pay, dispute, or request IDR/ADR |
| 2. Record Notice of Delinquent Assessment (lien) | CC 5675 | Recorded with county after the 30-day notice expires |
| 3. Board approval of foreclosure in executive session | CC 5705(c) | Majority vote; written notice to owner 30 days prior |
| 4. Record Notice of Default + Notice of Sale | CC 5705(b), CC 2924 | Minimum 90 days NOD before Notice of Sale; sale 21+ days after NOS |
Judicial vs non-judicial sale
Davis-Stirling permits both judicial and non-judicial foreclosure of an HOA assessment lien. Non-judicial is faster and cheaper — the HOA's trustee records the Notice of Default, waits the statutory periods, and sells at a trustee's sale on the courthouse steps. Judicial requires a civil action and judgment but lets the HOA pursue any deficiency.
Most HOAs use non-judicial. It typically runs four to six months from Notice of Default to sale, assuming no owner challenge. The owner has the right to cure at any point up to five business days before the sale by paying the delinquency plus statutory costs.
There's an important wrinkle: under CC 5715, when an HOA forecloses non-judicially, the owner retains a 90-day right of redemption AFTER the sale. The successful bidder takes title subject to that redemption right. This is unique to HOA non-judicial sales (regular mortgage non-judicial sales in California have no post-sale redemption period).
The 90-day right of redemption (CC 5715)
Civil Code 5715(b) gives the foreclosed owner 90 days after a non-judicial HOA sale to redeem the property by paying the buyer the full bid amount plus statutory interest and costs. If the owner redeems, title returns to the owner free of the foreclosure.
This 90-day window is the single biggest reason experienced investors are cautious about buying HOA foreclosures at trustee sale. You pay full price at the sale, take occupancy risk, and can be required to give the property back within three months. The bid price doesn't include any improvements you make during those 90 days unless you negotiate them with the redeeming owner.
If 90 days pass without redemption, the buyer's title becomes absolute. At that point a title insurer will typically issue policy, and the property can be resold conventionally.
Why Calabasas, Hidden Hills, and Westlake have HOA-heavy stock
These three communities share a structural feature: a large share of inventory is governed by HOAs because the bulk of build-out was post-1970 master-planned and post-1985 gated. Calabasas has The Oaks, Mountain View Estates, Calabasas Hills, Bellagio, Saratoga Hills, Stonegate, Vista Pointe, and Calabasas Park among named HOAs. Hidden Hills is itself a city behind a single gate, but the Hidden Hills Community Association functions like an overlay HOA over the entire city. Westlake Village (both Ventura and LA County sides) is layered with HOAs from First Neighborhood through North Ranch and the gated Sherwood Country Club community.
The result: a buyer in any of these three areas is very likely to be under HOA governance. That means CC&R compliance, monthly dues, assessment exposure, and Davis-Stirling enforcement apply to them.
HOA dues ranges in these communities
Monthly HOA dues vary widely by community and amenity level. The $1,800 trigger reads differently depending on where you live. Approximate 2026 ranges from recent listings — verify current dues directly with the HOA before relying on these.
| Community | Approximate monthly dues 2026 |
|---|---|
| Hidden Hills Community Association | $400-$650 |
| Calabasas Park HOA | $400-$700 |
| The Oaks of Calabasas | $650-$1,100 |
| Mountain View Estates (Calabasas) | $1,200-$1,800 |
| Calabasas Hills | $450-$700 |
| First Neighborhood (Westlake) | $400-$600 |
| North Ranch HOAs (Westlake) | $300-$900 |
| Sherwood Country Club community | $800-$1,800+ |
Worked example: missed 4 months at $650
Take a Calabasas Park homeowner paying $650/month in dues. Month 1 missed: $650 delinquent — well below $1,800. Month 2 missed: $1,300 — still below. Month 3 missed: $1,950 — over the $1,800 trigger. The HOA can now begin the pre-foreclosure sequence at month 3, even though the owner is only one fiscal quarter behind.
Now consider a Mountain View Estates homeowner paying $1,500/month. Month 1 missed: $1,500 — below trigger by $300. Month 2 missed: $3,000 — well above. The trigger can be hit in essentially two missed months in the higher-dues communities. Compare to a community at $150/month dues, where the 12-month prong governs long before the dollar prong.
The math matters because owners frequently assume they have 'a year' before any HOA action is possible. That's only true at low dues. At Calabasas / Westlake / Hidden Hills dues levels, the foreclosure clock can start within a single quarter.
What to do if you receive the 30-day notice
If a pre-lien notice arrives (CC 5660 letter, 30-day cure window), do not ignore it. Three real options.
- Pay the full delinquent assessment plus any reasonable fees within the 30-day cure window. This stops the process cold; no lien is recorded.
- Request Internal Dispute Resolution (IDR) under CC 5910, which the HOA must offer at no charge to the owner. A face-to-face meeting with the board often produces a payment plan.
- Request Alternative Dispute Resolution (ADR) under CC 5925-5965 — mediation or arbitration. ADR pauses the lien clock and can produce a workout.
Buying an HOA foreclosure (clean title risks)
Buyers ask whether HOA foreclosures are good opportunities. The answer is — sometimes — with two specific risks. First, the 90-day post-sale redemption right (CC 5715) means the title isn't clean until day 91. Title insurers usually won't insure during the redemption window, which means no conventional financing during that window. Cash only for 90 days.
Second, the HOA assessment lien is junior to the first mortgage. An HOA foreclosure does NOT wipe out the first mortgage. The buyer at HOA trustee sale takes the home subject to the existing first deed of trust. If the first mortgage is $800,000 and you pay $50,000 at HOA sale, you owe $850,000 total to keep the home. Many investors miss this and assume they're buying free and clear.
I never recommend HOA-foreclosure bidding to non-investor buyers. The math, the title risk, and the occupancy/eviction risk are not appropriate for an owner-occupant. For investors, the diligence list includes pulling the senior mortgage payoff, verifying any unpaid property taxes, and budgeting for the 90-day insurance gap.
Frequently Asked Questions
What's the $1,800 trigger for HOA foreclosure in California?
Under Civil Code 5720(b), an HOA cannot pursue non-judicial foreclosure unless delinquent regular and special assessments equal or exceed $1,800 (exclusive of late fees, interest, attorney's fees, and costs) OR are at least 12 months delinquent — whichever fires first.
Can my HOA actually take my home for unpaid dues?
Yes. California is one of the states where an HOA assessment lien is foreclosable. The Davis-Stirling Act (Civil Code 4000-6150) sets out the four-step process, and either judicial or non-judicial foreclosure is permitted once the CC 5720 trigger is met.
How long does HOA foreclosure take?
From the first 30-day pre-lien notice (CC 5660) through trustee sale, the non-judicial path typically takes 6 to 9 months minimum. Add the 90-day post-sale redemption window under CC 5715 before title becomes absolute.
What is the 90-day right of redemption?
Under Civil Code 5715(b), the foreclosed owner has 90 days after the non-judicial trustee sale to redeem by paying the successful bidder the full bid amount plus interest and costs. This is unique to HOA non-judicial sales — regular mortgage non-judicial sales have no such right in California.
Does HOA foreclosure wipe out the first mortgage?
No. The HOA assessment lien is junior to the first deed of trust recorded earlier. A buyer at HOA trustee sale takes title subject to the first mortgage. The first lender can still foreclose its own lien separately.
What if I missed only a few months of dues?
The trigger is $1,800 OR 12 months past due, whichever comes first. In a community with $650/month dues, three missed months ($1,950) puts you over the dollar trigger. In a community with $1,500/month dues, two missed months ($3,000) clears it. Don't assume you have 12 months.
Can I request a payment plan?
Yes. Under Civil Code 5910, the HOA must offer Internal Dispute Resolution at no cost to you. A written payment plan with the association is enforceable and pauses the foreclosure clock. Get the terms in writing before sending any payment.
Should I bid on an HOA foreclosure as an investor?
Only with eyes open. You buy subject to the existing first mortgage. Title is not clean for the first 90 days under CC 5715. Title insurance and conventional financing are typically not available during that window. Cash-only diligence including senior payoff is required.
