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EMERGENCY RULE AND COVID-19 Hardship

Posted by Joel Kriger | May 04, 2020

Homeowner Associations need to continue to do their best to maintain the budgeted cash flow to keep their associations functioning as smoothly as possible.  In recognition of the financial hardship caused by the current pandemic, a Board may want to consider temporarily modifying penalties imposed for late-payments and the time-frame for proceeding with collection activity for delinquent assessments for owners.  We do not recommend such a policy be adopted community-wide but only for those who request hardship consideration and be limited to the handling of past-due assessments until June 30, 2020.

To implement such a policy, the Board of Directors can adopt an emergency rule per Civil Code 4360 (d), which may stay in effect for up to 120 days.  If you would like information or assistance with the preparation of a policy, hardship application form, and a board resolution to implement the emergency rule, please give our office a call at (619) 589-8800, and we will be happy to assist you.

About the Author

Joel Kriger

Founder / Of Counsel Practice Areas: Community Association Counsel Joel M. Kriger is the founder of Kriger Law Firm. A native of Pennsylvania, Joel graduated from Temple University in 1970 and moved to San Diego to attend the University of San Diego School of Law, from which he graduated in 1973. Joel maintai...

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