Civ. Code, § 5658 · Article 2. Assessment Payment and Delinquency
Civ. Code, § 5658
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(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).
Notes and commentary — not statutory text
History
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=5658.
- Text hash
- sha256 fa4f244aa13f55fb62458505e2c84a726049d9479ed040c9f5e5002842ef4cd2
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Civil Code
- Civ. Code, § 5650Printed as Section 5650
- Civ. Code, div. 4, pt. 5, ch. 8, art. 3Assessment CollectionPrinted as Article 3 (commencing with Section 5700)
- Civ. Code, div. 4, pt. 5, ch. 10, art. 3Alternative Dispute Resolution Prerequisite to Civil ActionPrinted as Article 3 (commencing with Section 5925) of Chapter 10
Code of Civil Procedure
- Code Civ. Proc., pt. 1, tit. 1, ch. 5.5Small Claims CourtPrinted as Chapter 5.5 (commencing with Section 116.110) of Title 1 of the Code of Civil Procedure
- Code Civ. Proc., § 116.220Printed as Sections 116.220 and 116.221 of the Code of Civil Procedure
- Code Civ. Proc., § 116.221Printed as Sections 116.220 and 116.221 of the Code of Civil Procedure
Cited by 1 provision
Provisions in this library whose text cites Civ. Code, § 5658. Each shows the citation as that text prints it.
Civil Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.