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HomeCivil CodeDiv. 4Pt. 5Ch. 8Art. 2§ 5658 Disputed Association Charge Payments

§ 5658 Disputed Association Charge Payments

Civil Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 5658 Disputed Association Charge Payments

Key Takeaways

  • •If you disagree with a fee or charge from your homeowners association (HOA), like a fine or late fee, and the amount is small enough for small claims court, you can pay it but still fight it in court.
  • •You have to pay the full amount you owe, including any extra fees, before you can take the HOA to small claims court.
  • •This law doesn’t stop the HOA from collecting money you owe them, even if you’re fighting the charge.

Example

Your HOA charges you a $500 fine for painting your fence the wrong color. You think the fine is unfair.

You can pay the $500 (and any extra fees) to the HOA, but then you can take them to small claims court to try and get your money back. The HOA can still try to collect the money from you while you fight it.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 5658 Disputed Association Charge Payments

(a) If a dispute exists between the owner of a separate interest and the association regarding any disputed charge or sum levied by the association, including, but not limited to, an assessment, fine, penalty, late fee, collection cost, or monetary penalty imposed as a disciplinary measure, and the amount in dispute does not exceed the jurisdictional limits of the small claims court stated in Sections 116.220 and 116.221 of the Code of Civil Procedure, the owner of the separate interest may, in addition to pursuing dispute resolution pursuant to Article 3 (commencing with Section 5925) of Chapter 10, pay under protest the disputed amount and all other amounts levied, including any fees and reasonable costs of collection, reasonable attorney’s fees, late charges, and interest, if any, pursuant to subdivision (b) of Section 5650, and commence an action in small claims court pursuant to Chapter 5.5 (commencing with Section 116.110) of Title 1 of the Code of Civil Procedure. (b) Nothing in this section shall impede an association’s ability to collect delinquent assessments as provided in this article or Article 3 (commencing with Section 5700). (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)

Last verified: January 21, 2026

Key Terms

disputed chargesmall claims courtpay under protestdelinquent assessments

Related Statutes

  • § 5665 Homeowner Payment Plan Requests
  • § 5670 Lien Dispute Resolution Requirement
  • § 5673 Board Approval Of Liens
  • § 5720 Assessment Debt Collection Limits
  • § 5650 Homeowner Assessment Collection Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 5658.
View Official Source