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HomeCivil CodeDiv. 4Pt. 5Ch. 8Art. 1§ 5620 Assessment Exemption Limitations

§ 5620 Assessment Exemption Limitations

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

§ 5620 Assessment Exemption Limitations

Key Takeaways

  • •Money collected by a group (like a homeowners association) for important things like utilities and insurance can't be taken by someone the group owes money to, but only if it's really needed for those important things.
  • •A court decides what's really important and what's not.
  • •This protection doesn't work if the group agreed to owe the money (like a loan they all voted for), or if it's for taxes or work done on shared spaces.

Example

A homeowners association (HOA) collects monthly fees from homeowners to pay for water, electricity, and insurance for shared areas like the park and pool.

If the HOA owes money to a company and gets sued, the money they collected for water and insurance can't be taken to pay that debt. But if the HOA took a loan to fix the park and everyone voted for it, that money isn't protected.

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

Official Source
View on CA.gov

§ 5620 Assessment Exemption Limitations

(a) Regular assessments imposed or collected to perform the obligations of an association under the governing documents or this act shall be exempt from execution by a judgment creditor of the association only to the extent necessary for the association to perform essential services, such as paying for utilities and insurance. In determining the appropriateness of an exemption, a court shall ensure that only essential services are protected under this subdivision. (b) This exemption shall not apply to any consensual pledges, liens, or encumbrances that have been approved by a majority of a quorum of members, pursuant to Section 4070, at a member meeting or election, or to any state tax lien, or to any lien for labor or materials supplied to the common area. (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

regular assessmentsessential servicesexemptionconsensual pledgesstate tax lien

Related Statutes

  • § 6804 Assessment Funds Exemption
  • § 5605 Assessment Increase Limits
  • § 5600 Association Assessment Limits
  • § 5610 Emergency Assessment Increases
  • § 5615 Assessment Increase Notice Requirements

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 5620.
View Official Source